Legal Question in Intellectual Property in Texas

Legal Release Forms Required When Writing a Biography

Am writing a biography of my grandparents life, have oral consent from SOME of the family. Have some on video/cassette, telling their stories for the book...Which legal release forms are required? How far down the family tree do I need to go for signatures of release? Family is spread among several different states. Story will mention real people, cities, events. Grandparents are deceased but aunts/uncles still living...WHO do I need releases from? Where do I find such forms? Do they have to be notarized?

THANK YOU!

CG


Asked on 1/05/04, 11:08 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Legal Release Forms Required When Writing a Biography

You shouldn't need any releases unless you feel that the biography may be invading someone's privacy. In that instance you may need their permission to use that information. If the biography deals strictly with your deceased grandparents, you should not need anyone's permission to state facts.

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Answered on 1/06/04, 10:02 am
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Legal Release Forms Required When Writing a Biography

Generally, you don't need releases to tell stories about other people. If you are concerned about defamation claims, you should know that truth and opinion are defenses to such claims. With respect to privacy, you may wish to obtain releases from people whose affairs that are customarily considered private are disclosed in the biography.

If any of your materials will be based on copyrighted materials, you will need releases from the copyright owners. Copyrighted materials include any expression affixed in a tangible medium, including writings and videotapes. The copyright owner would be the writer or the producer of the videotape.

I can provide forms if you need them.

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Answered on 1/06/04, 11:12 am


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