Do you need permission to use someone's name in a book?

The First Amendment usually wins unless the work is purely advertising, including political advertising. Using someone's name, image or life story as part of a novel, book, movie or other expressive work is protected by the First Amendment, even if the expressive work is sold or displayed.

Queens New York Waiver, Release and Authorization to Use a Description of Patientýs Psychological History and Treatment in a Book without Identifying the Name of Patient

Name: Queens New York Waiver, Release and Authorization to Use a Description of Patientýs Psychological History and Treatment in a Book without Identifying the Name of Patient
Brand: US Legal Forms
Rating: 4.68 (233 reviews)

Category:

Releases and Waivers - Books

State:

Multi-State

County:

Queens

Control #:

US-04321BG

Format:

Instant download

Description

A release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. A release acts as some assurance to the person requesting the release that he/she will not be subjected to litigation resulting from the person giving the release. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Queens New York Waiver, Release And Authorization To Use A Description Of Patientýs Psychological History And Treatment In A Book Without Identifying The Name Of Patient?

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FAQ

In general, anyone can write a biography of someone without their approval as long as it is accurate and you don't run afoul of the following legal principles: libel, invasion of privacy, misappropriation of the right of publicity, copyright infringement or breach of confidence.

The First Amendment usually wins unless the work is purely advertising, including political advertising. Using someone's name, image or life story as part of a novel, book, movie or other expressive work is protected by the First Amendment, even if the expressive work is sold or displayed.

Get permission. Once you've chosen the subject of the biography, seek permission to write about their life. While in some cases it may not be necessary (like if the subject is a public figure or deceased), getting permission will make the research portion of your writing process much easier.

The offense of injuring a person's character, fame, or reputation by false and malicious statements. The term covers both libel (written) and slander (spoken). Only living people can sue for defamation, so someone can't file a lawsuit against you for defamation through an estate or relatives.

The good news is that celebrity names are not copyright protected, just used as a name. If the name is only used to describe the person, it is not covered.

Writers don't get sued very oftenand thanks to the First Amendment, even when they do, they usually prevail. But as an attorney specializing in these issues, I can tell you that you definitely don't want to put yourself in a position to endure any sort of lawsuit, even if the odds are you'd end up victorious.

You DON'T need permission: To quote books or other works published before 1923. For news stories or scientific studies. Shorter quotes, references and paraphrasing is usually ok without permission. Copying large amounts of a story or study, however, may require permission from the writer or publisher.

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.

Tips for Writers: Tip #12: Rules for Writing Biographies The story should be true.The story should cover the whole life.Nothing should be omitted or concealed.All sources used should be identified.The biographer should know the subject.The biographer should be objective.Biography is a form of history.

Unfortunately, quoting or excerpting someone else's work falls into one of the grayest areas of copyright law. There is no legal rule stipulating what quantity is OK to use without seeking permission from the owner or creator of the material.

Queens New York Waiver, Release and Authorization to Use a Description of Patientýs Psychological History and Treatment in a Book without Identifying the Name of Patient

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What is a Queens Waiver, Release and Authorization?

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Can the patient whose psychological history is included in the book be identified?

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