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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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Hi Im publishing an ebook and I wanted to know what this part

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Hi I'm publishing an ebook and I wanted to know what this part of the contract mean, as in what determines such a thing? "neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction". Since there are so many types of books published.

BizIPEsq. :

Hello, I will be assisting you

Customer:

Hi :)

BizIPEsq. :

This seems to be standard language where the absolving themselves of responsibility in the event your content ends up violating the copyrights of others or laws (as an example)

BizIPEsq. :

basically the publisher does not want to be held responsible for any of your potential shortcomings

Customer:

what I mean is that my book is about poems and it goes on about some forms of abuse by certain people, their names are XXXXX XXXXX it but I show it all in my poems, is that illegal to do when ebook publishing it?

Customer:

based on that contract?

BizIPEsq. :

that's a different question. Your question initial question was to explain the contract language, I'll answer in brief but just so you'll know under the terms of this site you are supposed to post a new question. In general if there is no way to identify the person then it would be unclear how that person may have a claims against you

BizIPEsq. :

(BTW this is not about legality or illegality but about potential claims that a person may have against you)

BizIPEsq. :

As far as the contract, the publisher of the e-book basically does not want to be responsible in the event (as unlikely as it may be) someone decides to go after you

Customer:

ok, so then the thing I would need to be concerned about is if the person reads my book, when the content is semi-generalized, and the person doesn't try to file a claim against me

BizIPEsq. :

I believe you meant to say DOES try to file a claim

Customer:

does* lol

BizIPEsq. :

if that's the case, then yes that's is what you would need to be concerned about

BizIPEsq. :

:)

Customer:

what's the average to worst case general scenario?

BizIPEsq. :

I'm not sure I understand. The worst is that you will get sued

Customer:

like do people sue each other over Tweets and Facebook stuff?

BizIPEsq. :

some do and some don't. It depends on the parties involved, how badly they were damaged, how much money they have etc.

Customer:

hmmmm, okay then, i'll risk it then, and try to more generalize if I can. What if it was an autobriograhy?

Customer:

autobiography*

Customer:

they can't really sue and win if it really happened, can they?

BizIPEsq. :

there are no specific rules to distinguish poems for other forms of writing. If a statement is defamatory then it is.

Customer:

what about a general statement like:

Customer:

"I'm a child with a child"

Customer:

"what do I do" and I shake my head "and now they've changed their life and future"

BizIPEsq. :

as noted earlier if the person is not identifiable I'm not sure what would be the basis for a claim

Customer:

ok, thank you!

BizIPEsq. :

you're welcome

BizIPEsq. :

please rate my service

Customer:

I will thank you :)

BizIPEsq. :

without your rating I do not get compensated for my work

BizIPEsq. :

the rate button is below

Customer:

blessings!

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