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I wrote a short essay that will be published in a book and am being asked to sign a release. Is this release fair?

Asked over 2 years ago - Berkeley, CA

For valuable consideration (but without fee), I hereby authorize AUTHOR to use my name, photographs of and information about me, interviews of me and comments that I have made, and materials that I have written, in whole or in part (with possible editorial changes), in the book tentatively titled (TITLE) by AUTHOR or any other book by AUTHOR (the “Books”), in all editions, revisions and derivations of the Books in all media now known or hereafter developed, and in the advertising and promotion thereof, in all languages throughout the world.
I waive and release any claims that I may have against AUTHOR based upon or arising from such uses, including without limitation, any moral rights of whatsoever description,any right to inspect the Books or to approve the references to me therein

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Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Intellectual Property Law Attorney in Los Angeles, CA.

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No, it's not fair. Obviously, the "no money" part is very disadvantageous, as if the scope, which is very broad, since it goes beyond the "short essay" you wrote and grants right to use "any material" in any media forever. Other objectionable parts are that you have no approval rights regarding what photographs and information about you that can be used by this grantee, and you're releasing the Author for any of these uses, including their own contributions to your work, which you'd have no control over.

A legitimate publishing house would supply its writers with a more standard release than this one, so it appears that this Author is self-publishing and perhaps doing their own legal work as well. This should make you wonder about what this Author might do, and spur you to insist on a release (assuming you still want to grant rights of use) that's more even-handed.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Daniel Nathan Ballard

Reputation Level 18

Answered over 2 years ago. Intellectual Property Law Attorney in Sacramento, CA.

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What is "fair" is wholly subjective.

If you think the non-monetary value of having your essay (and photographs of you, information about you, interviews of you and "comments" you've have made, and all the "materials" that you have written, in whole or in part and potentially with editorial changes) published in the book, then "yes" the release is fair. If you don't, then it's not. No one can engage in that value analysis for you.

If your question is whether the release is typical then the answer is no. If there is a typical release, it grants to the anthologist the limited right to publish the contributed work in all editions and translations of the book for a set fee -- which may be zero. That's it. The release is strictly limited to granting the anthologist only the right to publish the contributed work and certainly does not grant him or her the right to publish all "comments" and "materials" that the author has ever written and does not include the right to create derivative works from the contributed work.

If your question is really "Am I in a position to demand money in exchange for allowing the author to publish my story?" only you know the answer. The release looks a lot like it was written by a non-attorney who pasted together a number of release terms that he or she liked because they're favorable to the publisher. You end up only with the benefit of being published. If the value in that is greater than your discomfort level in giving up the identified rights, then move forward. If not, write a release that you're comfortable with and propose it. Good luck.

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