Legal Question in Entertainment Law in Florida

Hello,

I have a question that pretains to writing a book using other peoples' personal stories/experiences and photos. Now, I know if I use photos, I will need to have them sign a release form giving me the rights to use the photographs. However, I'm not sure on the personal stories/experiences.

Would I need to also have a release form saying something such as "I hear by give the author permission to use my personal stories/experiences, photos, poems, fan arts, etc in the book." Also, I would be having them answer certain questions, so would I also need to have them sign a form agreeing to answering the questions?

The book I'm writing is a fiction book, BUT it will have non-fiction concepts in it (hint: the personal stories) that will be told by the characters. I do trust those that are sharing their personal stories with me to lend to the characters and I know they wouldn't go back on their word. However, I want to take precautions with that because other people can come forth and say that was his/her story and I was never given permission to use it in the book. Do you get a sense of what I mean? Also, the very end of the book will contain such things as fan art, poems, letters, photos, etc.

So, the people will be answering questions for me that I send to them; also, they'll be sending in to me their poems, art works, photos, etc. I just want to know if I need them to sign papers giving me permission to use them and if I need those papers notarized. Also, can I draw up the release forms myself or do I need to have a lawyer do that?

1) Do I need a release form to use someone's personal stories in my fictional work? If so, will it have to be notarized? Witnessed? What information needs to be included on the form?

2) Do I need a release form to use someone's personal photos in my fictional work? If so, will it have to be notarized? Witnessed? What informatioin needs to be included on the form?

Thank you.

Mischa


Asked on 8/26/09, 3:10 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

I don't get a sense of what you mean.

You already know that you need a release for photos. Releases need not be witnessed or notarized, though a notary is always a good idea if you think someone will later deny signing. It's wise to have your releases drawn up by a lawyer, but there are some forms available on the internet that may suffice.

Obviously, you need releases for poems, art work, etc., created by another. For the fan art, you'd have to get a release from each fan.

It's not a violation of copyright to fictionalize someone's true story, but it would be foolish to work without a release. Otherwise, you'd just open yourself up to suit for theft of the idea.

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Answered on 8/26/09, 3:26 pm
Sarah Grosse Sarah Grosse, Esquire

Hi Mischa.

You will need a release to use photos, poems, fan art, etc. from the person(s) who are the owner(s) of the intellectual property rights to each work. In addition to the release stating they grant you the right to do X things with it, the person signing would also certify that the works are their originals and no rights have been granted to any other party (and if that later is not true, they will indemnify you for any damages and defending the lawsuit). I do not know if there are forms available on the internet which would suffice. In any case, I would recommend having a form tailored to your specific needs by an attorney. There is no legal requirement that the release be signed by witnesses or notarized, and the only reason to do so would be to assure they are who they say they are and are the person signing to later be used as proof that the contract was entered into.

People do not really own stories. People own their expressions of the stories (telling it on tape, writing it down, depicting it artwork) as copyrights. However, I can conceive that someone later down the road may say you violated their Rights of Publicity and Rights of Privacy by publishing their stories and capitalizing on them -- when someone makes money, everyone has their hand out wanting a piece of the pie. So, the best thing to do is get a release for this as well to avoid costly litigation down the road. You can look at the website for "Chicken Soup for the Soul" www.chickensoup.com to see a sample release for submission of stories. I am not endorcing that release or suggesting you copy it, but it will give you a clue what you are looking for. Additionally, if the story will be used, there are additional (and more involved) releases that a person should sign. Again, I recommend you have an attorney tailor such a release to your specific needs.

I hope you will retain an attorney for at least a few hours to steer you in the right direction, and maybe a few more hours to draft the proper agreements. Good luck to you!

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Answered on 8/26/09, 4:08 pm


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