Florida | Entertainment Law
Legal Question
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


