Oh this is lovely. Johann Hari’s defence doesn’t actually work.
However, when interviewing someone, a journalist uses skill and labour in recording quotes accurately and selecting those most appropriate for publication. So the quotes in an interview are protected by copyright. If any are to be used by another publication then the fair dealing defence would have to be used and the copyright owner, possibly a competitor, would have to be credited.
So, let us review the situation.
1) Hari’s found using things not actually said to him as part of his interviews.
2) Hari’s defence (which isn’t a bad one) is that he’s providing an intellectual portrait. And to do this it’s entirely just and righteous to use clips and quotes from earlier writings because, after all, writers do spend some time in their own writings making themselves clear. Speech is always more confusing than considered writings, after all.
3) Ah, but. Some of those clips and quotes come not from original writings by the interviewee, but from other interviews conducted by other journalists. In which case, those carefully considered quotes are copyright of those journalists, not the interviewee.
4) As copyright, there’s still the fair use exemption. But the use of that requires acknowledgement of the source even if not a request for permission to use the quote.
5) Hari’s fucked.
I will admit to not really caring very much about all of this. My objection to Hari is that he’s simply ignorant about economics yet he insists on writing much about economics. Such as this.