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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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I wrote my mothers memoirs from cassette tapes which she gave

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I wrote my mother's memoirs from cassette tapes which she gave me many years ago. In addition, she shared some letters that she had which were my deceased father's during the Korean war. For over one year my mother worked with me on the memoirs. Although I did recieve written permission from two of the Korean War Veterans in the book, my mother did not sign a written permission to publish her memoirs. She did give me the pictures, letters and tapes which I used. I trusted my mother and chose to write this book to honor her. She absolutely loves the book. The book is done and ready to publish. Typical of my greedy siblings, they have convinced my mother that I need to pay both her and her heirs from any proceeds I may or may not get from the book. I was so upset today that I told her I was not going to publish the book until she passed away at which time I would not need her permission. My sister is taking her to an attorney to stop me from publishing the book. They want a share of the proceeds. If I changed all the names in the book, can I publish it?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

You can certainly change the names of the character but you should also consider changing some of plot line and otherwise removing any identifying information. For example do not mention that this is about your family even if the names are changed

BizIPEsq. :

Please note that doing this does not mean that your "greedy" siblings will not try to collect from you (whether justifiably or not). But it does mean that they would have a much more difficult time proving that the characters in the book who will have different names, different settings, different professions, some fictional plot lines etc. are about them.

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

Please rate my answer. Without your rating I do not get compensated for my work

Customer: In your expert opinion, is my mother entitled to be paid? My mother is illiterate and could not "help" with the book but it is her story of growing up in Korea and surviving the war. In situations like this, do most authors pay the family member , in this case my mother, for the story?
Customer: Also. None of my siblings are mentioned in the book. The book is about my mother and my father. Can my siblings sue me if they are not mentioned , the book takes place before they were born?
BizIPEsq. :

If there was no expectation of payment when your mother put her thoughts on tape then you would not have to pay especially if your account is going to be "fictional".

BizIPEsq. :

I assume you mother passed away so I'm not sure what standing your siblings would have unless one of them is the executor of her estate. If you late mother has an estate and an executor it may be a topic of discussion.

BizIPEsq. :

Please rate my answer

BizIPEsq. :

Without your rating I do not get paid for my work helping you

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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