I could be wrong because I haven't kept up on every subtle nuance or minor change, but ya gotstahave "copy" to "copy right" it, and oral discussion isn't, per se, copyrightable.
Used to be the case that you had to mark your "copy" to assert a "copyright" but when we flipped over to the international standards several decades back that was no longer needed.
I
In a sense, I don’t care if you are right about interviewees not having copyright. I think Righthaven is pushing for novel interpretations of the law, so I see no reason not to offer up our own interpretations. The RJ has opened a can of worms with this, I think they will be surprised at the blowback. They will be caught in endless litigation like SCO, it is a dinosaur strategy.