Wise Advice

by Andrea King Collier, Sam Greengard, Florence Isaacs and Minda Zetlin

Q: A member poses the question: Is it OK to use quotes from another article if I can't get a hold of a key source? And if I write for a custom magazine published for a major company, is it OK to use a company executive as a source for a story in a consumer magazine or is it a conflict of interest?

Andrea King Collier: Most freelancers have many more pages of notes than actually go in the article. I always go back through the notes, if I'm doing a similar article, to see if there is something usable. If I haven't sold the original article for All Rights (which I avoid like the plague), then I might use the quote. I usually call the source. If I can't reach them, I e-mail them and say I have an opportunity to feature them and their quotes in XYZ magazine's article on the same subject. I send them the quote—pretty much as an FYI. I might send additional questions in hopes of getting something fresh and new to add. I did one recently where I referred to the first article, at the editor's request. Often, if it's a medical expert, I will say during the interview that I might want to use parts of the interviews for various publications. That gives me a way out. Of course, if it is an All Rights pub, I won't use the same quotes, but other ones from my notes. I should add that if it is an All Rights article, I won't repackage the same story but another aspect of the subject. And as for using sources from a company or organization, I have indeed used the sources again—with permission. If the organization provides the sources, I send a note to my contact to say that I have a great story and I would like to include Dr. Heart Disease. Often they're happy to get the extra exposure. If the sources were mine (as in the ones I found) then I contact my source directly. In custom pub work, I see my role as a journalist doing a story, not a public relations pitch. I often uncover some of my best sources through my custom work.

Sam Greengard: I don't see any problem associated with quoting another article, as long as the mention is brief and you cite the publication. If you're going to lift only a few words, it's also possible to say something like: Joe Jones has previously stated, "Tofu and steak are a bad combination." Of course, it's usually best to go back to the source and confirm the statement or ask if you can get a fresh quote, though time and logistics don't always allow for such an exchange. In regard to working with a custom publisher, it's wise to ask your editor what's allowed. In most cases, corporations and associations (that contract with a custom publisher) do not want content and quotes reused in other articles. Some will even require confidentiality agreements. I don't see any problem if you circle back to the source or the PR department and request a new interview for a different project. At that point, the company or source can accept or decline.

Florence Isaacs: Ideally, you want to go to the horse's mouth, but in the real world, due to time constraints or other issues, that isn't always possible. I've paraphrased a quote from another publication on occasion, but I say so, with something like, "On February 14, Mary Thompson told the Wall Street Journal that business isn't as bad as it looks at first glance." No editor has ever objected. I do, however, attempt to talk to the person first. You get so much more out of back-and-forth exchange. Great stuff can roll off the tongue when you least expect it.

As for the second case, I don't see it as a conflict of interest as long as you say that you work for the magazine. I see disclosure statements in newspapers all the time. But why use the person in the first place? Is it because it's the easy way out—or because this interviewee has unique experience or perspective that adds depth to the article?

Minda Zetlin: In answer to the first question, it's always OK if you clearly identify the source of the quote, as in: "This is the most awful thing ever,' Jane Smith told the Podunk Times in April." I have to admit that on one or two occasions where I interviewed a source and also read articles where the same source was quoted, and the person said the same thing to me that was in the article but the wording in the article was better, I've used the article quote without identifying it. But I think it's an ethical gray area.

As to the second question, that's a bit trickier. I've usually finessed it by not interviewing execs from companies that are corporate writing clients. If I was going to interview such an executive, I'd clear it with the editor at the consumer publication beforehand, and find out if there should be special handling, such as having someone else do the interview and then give me the notes, or an acknowledgement in the article that this source is also a customer.

There's also a potential legal problem if (as often happens to us tech writers) they've made you sign a non-disclosure agreement before working for them. Interviewing someone from a company with which you have signed a non-disclosure agreement could put you in a very awkward position, depending on the wording of the agreement. So you should at the very least carefully review the agreement before you proceed.

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Andrea King Collier, Sam Greengard, Florence Isaacs and Minda Zetlin are long-time ASJA members. Find out more about them by accessing the members' directory at www.asja.org