Mississippi 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

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.

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.

First, a simple rule. If what you write about a person is positive or even neutral, then you don't have defamation or privacy issues. For instance, you may thank someone by name in your acknowledgements without their permission. If you are writing a non-fiction book, you may mention real people and real events.

To successfully bring a claim for misappropriation of name or likeness, the plaintiff must prove that the defendant used their name or likeness without consent. If the plaintiff gave oral or written consent to the defendant to use their name or likeness, the defendant would not be liable for the publication.

You must request permission from the copyright holder. Check the copyright page of the source from which you are quoting. If the publisher holds the copyright, write to their Rights/Permissions Department.

An agreement confirming that a publisher's rights in a book do not conflict with the rights a studio or production company plans to option or acquire to produce a theatrical film or television or streaming program (such as a made-for-TV movie or TV pilot or series) based on the book.

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.

Yes, seeking permission to write about someone in a book is an unwritten rule, but there's a rationale for why this practice is necessary. It's not just about respecting someone's privacy and individuality; it also goes back to the question of authenticity.

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