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Q: Copyrights and royalties of a book when quoting third parties (eg interviews..) ( No Answer,   4 Comments )
Question  
Subject: Copyrights and royalties of a book when quoting third parties (eg interviews..)
Category: Relationships and Society > Law
Asked by: benoitv-ga
List Price: $25.00
Posted: 07 Dec 2005 14:28 PST
Expires: 06 Jan 2006 14:28 PST
Question ID: 602826
I may plan to write a business book.

Though several chapters would be of my own writing, I may want to
complement with some interviews of business people. Those interviews
could take several chapters, with one chapter per interview, for
example.
Now I wouldn't want that once I've gathered all the needed material
(that i have made the interviews, that I've written my chapters) I
discover that I can't publish the interviews because one interviewee
has changed his mind or worse, once I publish s/he claims royalties on
his interview.
What is the law (US and if possible, European, international)
regarding third parties' rights. Can somebody interviewed for a book
claim a part of the book revenues or object its publication?
I would like that the answer quote specific articles of law and also
show some actual cases which went to court and show clearly which
party won.
I also would know if I would need to get a sort of disclaimer paper to
be signed and what should be its content, though I'd prefer to avoid
as it's awkward to present.

Many thanks
Answer  
There is no answer at this time.

Comments  
Subject: Re: Copyrights and royalties of a book when quoting third parties (eg interviews..)
From: atk-ga on 07 Dec 2005 19:34 PST
 
One way this is typically handled would indeed be for the interviewer
(you) to get the interviewee to sign a release form. This form would
specify in advance all those things you're worrying about--whether or
not the interviewee has any control to how the interview is used or
published; whether or not the interviewee is paid; what sort of usages
the interview can be put to; etc., etc.

Unfortunately, I don't know of a good example of such a form offhand,
but there are probably books and online references somewhere for such
a thing...
Subject: Re: Copyrights and royalties of a book when quoting third parties (eg interviews..)
From: irlandes-ga on 11 Dec 2005 09:33 PST
 
I believe this is very common for professional photographers who sell
photos commercially.
Subject: Re: Copyrights and royalties of a book when quoting third parties (eg interviews
From: benoitv-ga on 12 Dec 2005 02:17 PST
 
Thank you both for this information. Would you know the name of some
good books on the topic? I'm still ready to reward for a complete
answer though I'm glad to receive also partial information through
comments.

Thank you again. Ben
Subject: Re: Copyrights and royalties of a book when quoting third parties (eg interviews..)
From: atk-ga on 12 Dec 2005 08:56 PST
 
There's a website that talks about these issues at:

http://www.ivanhoffman.com/interview.html

It doesn't provide a template form to use, but talks about the issues
sufficiently so that maybe you can write your own release.

Allworth Press publishes a number of books of business and legal forms
for creative types--authors, self-publishers, photographers, etc..
Perhaps one of their books may have a template interviewee release
form that'd be useful. As mentioned above, photographers use model
release forms all the time; possibly you could find a sample
photographer's model release form and adjust it to be relevant to your
needs (changing references to the "model" to the "interviewee" and so
on...)

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