Massachusetts Release and Authorization to Use Name in Book to be Published

State:
Multi-State
Control #:
US-01515BG
Format:
Word; 
Rich Text
Instant download

Description

The following form authorizes an author to use the names of specific people in the author's autobiography. The phrase derivative work as used in this form refers to a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.

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FAQ

This legal agreement between two parties outlines the terms of using an individual's image, likeness, or property. The form proves that the individual has consented to the material and releases the person or organization using it from any legal claims that might arise from its use.

The Short Answer Writers may only use copyright and/or trademark protected characters without permission under limited circumstances like when the use is considered fair or de minimis, or if the characters have entered the public domain.

Misappropriation of the Right of Publicity Using someone's likeness, name, or identifying information for advertising, promotional, or commercial purposes may get you sued.

If you'd really like to use real peoples' names, it's imperative to get their written permission just in case. The rule of thumb is that if you don't have their permission to write about them (whether good or bad), just don't do it.

It doesn't matter. Book titles cannot be copyright. The only time there could be a problem is if you and the 'famous' author have exactly the same name as well. As long as your book cover has something completely different on it to the 'other one', and you're not using the same font or titling, there is no problem.

A media release form, or a media consent release, is a legally binding document that grants authorization for a party to produce, reproduce (or reuse), edit videos, take pictures, print, and record sound of an individual. Individuals under the age of 18 will need their legal guardian to sign the form.

But then again, there are exceptions to the rule, like when the person's estate has an existing legal foothold on the use of their name and likeness. However, if the subject isn't a public figure ? be it alive or deceased ? you likely will need to obtain consent from them (or their family) prior to writing about them.

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Massachusetts Release and Authorization to Use Name in Book to be Published