When And How To Get Permission

Deposit Photos. Used with permission.

YOU DON'T NEED PERMISSION FOR EVERYTHING

Previously, we discussed legal issues pertaining to documentation in a previous session. Review this area as it discusses the different kinds of documentation that falls under fair use, public domain, and the Freedom of Information Act. The key to mastering these areas rests in knowing where to obtain these records, documents, and information you need.

This is easy enough to discover through an internet search for the type of record you need, asking your local librarian for help or contacting state, county, or city offices directly to find out about available records. This is important in the event that you prefer to go to an agency office to search files or look at court documents. Not everything is online - even now.

Some items, including federal, require that you file an open records request. Public documents, in this sense, provides permission to serve as a source in your scribal projects. You can automatically generate your open records request using this tool. Perfect example, I downloaded and uploaded several files from the federal National Archives site that are in Public Domain. I am free to do whatever I want with those files, including editing them and using them as templates for something else.

WHEN DO YOU NEED PERMISSION?
Anytime you need to acquire information or artifacts that are not public and that you do not hold the rights to freely distribute.

SOME THINGS REQUIRE PERMISSIONS

There are permissions needed for certain things. For example, you will need permission to request an interview, gain ownership of someone's diaries, journals within your family, to use certain photographs, video footage, and/or other files that you did not create.

After a death in families, sometimes the personal property of the deceased belongs to the family estate - not just an individual. As a result, permission may be needed. What if there are multiple family members and no will? Who has the rights to those documents, artifacts, etc. The point is this: Your documentation needs to come with clear permissions.

Permissions is defined as having legal authorization and rights to use the documents and artifacts in your possession - whether it's an interview or a physical document. Permission should fall in line with public domain, fair use, or ownership.

So even as you wrap up your finished scribal project, make sure it is willed to someone in the event of your passing. You'd be surprised what qualifies as property. One way to understand this is in the context of fame and historical figures. Check out this legal battle between siblings over Martin Luther King Jr.'s Bible and Medal of Honor. This battle took place years ago. It was so bitter and public that I never forgot it! In fact, it was the first example that came to me.

Estate battles are very common -- and the fight includes everything from family photographs to personal letters and journals. As the creator of artifacts, you also need to consider including YOUR WISHES concerning your scribal projects in a legal will. Some people think ahead and will certain items to universities, congregations, schools, museums, historical societies, or other organizations.

Scribes, I urge you. Don't dismiss this. This issue is not about fame or popularity. Quality projects need to be preserved at this level as well.

PLEASE READ: Years ago, I met a scribe who was called to gather and document the life of a little known, but powerful prophet. This particular prophet made a powerful contribution to the faith over 50 plus years of ministry. But because women were not considered significant and race was a hindrance, all of that prophet's legacy would have been lost were it not for this scribe who gathered video footage, written prophesies, images from her journey, interviews, her life story, etc. with the intent to preserve her legacy and history. She may have been excluded from the history books, but this archive speaks volumes now 30 years later. As new histories of the church in the United States grows, her history will be among them. And get this, this scribe received documented PERMISSION while this prophet was alive.

While no book was written, the evidence and artifacts remain. These are primary sources today!

HOW TO GET PERMISSION
The first step in getting permission is always determining the type of permission you need. To determine this, ask your self a simple question: "Is this document I have received or the information I have obtained public or private?" Anything falling into the "public" category could be permission-free. However, certain things fall into the category of "personal privacy." (In this instance, we are talking about artifacts. Overall, the issue of privacy is wide and broad. Certain things would be dead give-a-ways concerning the need for permission. For example, a medical record, certain private court proceedings, etc.)

If it is private and you need permission, determine the type of permission you need and identify the owner. Then, formerly request the permission you need by phone or in writing. In some instances, there could be a fee attached to relinquishing or licensing those rights. For example, you may want to use certain photos for your project. Some photographers charge fees for images and for licensing depending on use.

You may send a brief request by email or by phone. Keep it super short. Explain why you need permission, what you specifically in need of, how the information will be stored, and how the information will be used. Be prepared to answer ANY questions asked as openly and honestly as possible.

Get your permission in writing. So many people feel "uncomfortable" with this. Yet, it is a necessary part of documenting that not only protects you as the author of the project but it can block a lot of ambiguity later. Just be mindful of your projects, and recognize that there are multiple conversations surrounding this issue.

ALWAYS REQUEST PERMISSION FOR:
Taking photos on private property
Taking photos of children (Get permission from primary caregivers/have caregiver present)
Interviews (recorded or written)
Interviews with children (Get permission from primary caregivers/have caregiver present)
Private property that you do not personally own

Also, check out this resource on the importance of ethics in photography.