tag:blogger.com,1999:blog-8233900213935580484.post6784156180179273479..comments2024-03-13T11:59:03.521-04:00Comments on Copylaw: Book Publishing Attorney | Literary Lawyer: The Legal Consequences of Using Real People in FictionLloyd J. Jassinhttp://www.blogger.com/profile/03418373855283160982noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-8233900213935580484.post-26030350976078605362014-02-21T04:58:46.195-05:002014-02-21T04:58:46.195-05:00Generally, you can use a well-known figure in a wo...Generally, you can use a well-known figure in a work of fiction to impart realism, provided the use does not place that person in a false light, harm their reputation or imply some association or sponsorship of the work that does not exist. The balancing act here is the writer's right to free speech versus the real person's right to reap financial gain from her identity, and protect herself against harm to her reputation. The legal decisions are fact specific. Using proper disclaimers can lessen the likelihood readers believe the doppelganger is an actual double of the real life person, and help you from colliding with defamation and other laws. Regrettably, risk can only be assessed on a case-by-case basis. So, when in doubt, consult an attorney with expertise in this area. Lloyd J. Jassinhttps://www.blogger.com/profile/03418373855283160982noreply@blogger.comtag:blogger.com,1999:blog-8233900213935580484.post-6616460226139802952014-02-21T04:32:22.159-05:002014-02-21T04:32:22.159-05:00If the reference isn't defamatory, an author c...If the reference isn't defamatory, an author can weave into the fabric of her story the name of a business or institution. The issue of whether the name of a business or institution can be used in the title of the work is more nuanced. The issue there is whether the author's right of free expression prevails over trademark rights. The judicial decisions weigh the artistic relevance against the likelihood readers would believe there was some association, endorsement or sponsorship of the book by the trademark owner. Placing the words "A Novel" on the cover of the book may help, but, judging whether art triumphs over commerce must be determined on a case-by-case basis. Lloyd J. Jassinhttps://www.blogger.com/profile/03418373855283160982noreply@blogger.comtag:blogger.com,1999:blog-8233900213935580484.post-14818777240813811882014-01-16T09:59:05.179-05:002014-01-16T09:59:05.179-05:00Can you use real places in a work of fiction, such...Can you use real places in a work of fiction, such as mentioning MOMA in a book about an art heist or forgery? No disparaging remarks are made about MOMA. In fact, all referenced concern real events or circumstances.Anonymoushttps://www.blogger.com/profile/06205717072850259336noreply@blogger.comtag:blogger.com,1999:blog-8233900213935580484.post-67537175199979589522012-07-25T19:07:45.333-04:002012-07-25T19:07:45.333-04:00Question. What if you actually put a real person, ...Question. What if you actually put a real person, under that real persons name briefly in the fiction. That is what if I want my fictional character to be interviewed by Diane Sawyer? Is this something legally risky?Typo Boyhttps://www.blogger.com/profile/01555999976086888424noreply@blogger.comtag:blogger.com,1999:blog-8233900213935580484.post-70303276003669749902012-05-29T13:41:36.131-04:002012-05-29T13:41:36.131-04:00You are correct, in the United States, truth is a ...You are correct, in the United States, truth is a absolute defense to a libel action against a media defendant. Truth, however, is sometimes hard to pin down, or discern, which can result in litigation.Lloyd J. Jassinhttps://www.blogger.com/profile/03418373855283160982noreply@blogger.comtag:blogger.com,1999:blog-8233900213935580484.post-89970766204249105482012-05-29T13:06:38.239-04:002012-05-29T13:06:38.239-04:00Can you be sued for libel (or anything else) if a ...Can you be sued for libel (or anything else) if a fictional novel includes real names and real quotes from living people granted to the author in an interview...if not taken out of context? Similar to using excerpts from additional books, television, newspapers, etc., to establish a contemporary historical fiction work? Especially, if the real people are public figures, with rspect to the subject matter? Is the truth protection, even in fiction?Anonymousnoreply@blogger.com