How Do I Interview people for a Book and Proptect Myself from Liability or Infringement?

Full question:

I am writing a non fiction book. The source of my information in interviewing people. What kind of phrase or form would I use to gain the interviewee's permission and gain rights over the information to protect my intellectual property?

• Category: Intellectual Property
• Date: 04/07/2025
• State: Tennessee

Answer:

A release and waiver of liability may be used to protect a business from the foreseeable damages that may occur in the scope of being employed to perform a service. A release form will often be upheld as long as the contract for services is entered into freely and the damage isn't caused by an intentional, willful, or reckless act.

A copyright is a type of intellectual property that protects the authors of such things as books, magazine articles, plays, movies, songs, dances, and photographs. Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or
phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm.

Copyright protection begins from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created
the work. Only the author or those deriving their rights through the author can rightfully claim copyright. No publication or registration or other action in the Copyright Office is required to secure copyright. There are, however, certain definite advantages to registration. Among these advantages are the following:

• Registration establishes a public record of the copyright claim.

• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

• If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

• If registration is made within three months after publication of the work or prior to an infringement of the work,
statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

Registration may be made at any time within the life of
the copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as:

"1. a work prepared by an employee within the scope of his or her employment; or

2. a work specially ordered or commissioned for use as:

• a contribution to a collective work

• a part of a motion picture or other audiovisual work

• a translation

• a supplementary work

• a compilation

• an instructional text

• a test

• answer material for a test

• an atlas

If the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire."

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical
or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Please see the registration information at the following links:

http://www.copyright.gov/circs/circ1.pdf

http://www.copyright.gov/register/index.html