tag:blogger.com,1999:blog-2984954143290188449.post9094602076935761725..comments2023-08-08T05:32:54.030-04:00Comments on The Write Report: The Good Wife, The Right of Publicity, And Why Writers Should Be ScaredUnknownnoreply@blogger.comBlogger13125tag:blogger.com,1999:blog-2984954143290188449.post-20397746239396209162011-05-03T18:42:31.916-04:002011-05-03T18:42:31.916-04:00RE: the Dead Celebrity Rights to Publicity subject...RE: the Dead Celebrity Rights to Publicity subject, thanks for your prompt & informative reply, & also for the Writers Guild tip. I immediately joined the Writers Guild (I hope, haven't received confirmation yet). I did research the Tolkien litigation but it doesn't seem to apply to my situation. I don't have a problem with the concept of Right to Publicity for deceased celebrities under certain circumstances & conditions, but there must be a middle ground where such names & characters can be used in historical fiction in incidental ways, I. E. where the plot / premise / theme of a story is not constructed substantially on, nor rests completely on, the reputation of the deceased celebrity for its success. If this is held by the courts to be not legal without payment or permission, that will hobble the writing profession with a handicap, one which will curtail most if not all creative historical fiction. Again, thanks for the help. Sorry for the lost comment, it went to cyberspace somewhere between Google & your blog. Cimarroncimarronhttps://www.blogger.com/profile/11454374910328536860noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-89491807049806244162011-05-03T17:26:54.995-04:002011-05-03T17:26:54.995-04:00Cimmaron, I have no idea what happened to your com...Cimmaron, I have no idea what happened to your comment so I'll re-post it here and then answer: <br /><i>cimarron has left a new comment on your post "The Good Wife, The Right of Publicity, And Why Wri...": <br /><br />Very informative posting for writers, Donna. I'm concerned with issues related to the use by Historical Fiction writers of Dead Celebrities as minor, incidental characters (brief cameo scenes in casual and accidental contact with the fictional characters in the novel) in their work. If you have anything to offer on the subject, it will be very much appreciated. My extensive web searching has revealed many websites and blogs with 'expert opinion' but nothing definitive with respect to the above subject. Specifically, can a dead celebrity be used in a fictional work as mentioned above without fear of legal action by the holders of that person's descended putative publicity rights? The California Dead Celebrity law exempts books from its provisions, but doesn't say exactly what kinds of books. Could a Dead Celebrity cameo scene in a fictional story be considered misappropriation or some other violation, if the fictional scene and dialogue contained nothing offensive, denigrating, degrading, negative, defamatory, damaging, and no outrageous falsehoods, etc.?<br />Any blogs that specifically address this issue? Thanks so much for sharing your expertise and knowledge with us lesser lights. </i><br /><br />I'm not an entertainment lawyer, but I did see recently that an author who used JRR Tolkien just settled a case with his estate when he used Tolkien as a character in his book. You might search for that case and see if you can find out what the settlement entailed and what the claims were. <br /><br />I would also check out the Author's Guild. If you join, they do give some legal advice. They have loads of info on their website too.<br /><br />Hope this helps!Donna Ballmanhttps://www.blogger.com/profile/03603733714342746822noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-11373370242167417512011-04-20T00:43:24.721-04:002011-04-20T00:43:24.721-04:00This comment has been removed by a blog administrator.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-45570629495230190782011-03-10T18:25:31.714-05:002011-03-10T18:25:31.714-05:00Thanks Rita! I'm glad you enjoy it. I apprecia...Thanks Rita! I'm glad you enjoy it. I appreciate the follow.Donna Ballmanhttps://www.blogger.com/profile/03603733714342746822noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-85617915072326751112011-03-10T18:05:45.547-05:002011-03-10T18:05:45.547-05:00Very interesting blog! As a writer, I'm fascin...Very interesting blog! As a writer, I'm fascinated with the things you write about and your analysis of each topic. I'm following you!Rita Kuehnhttps://www.blogger.com/profile/02226833593333025875noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-26968168269983490272011-03-07T17:21:25.487-05:002011-03-07T17:21:25.487-05:00Fantastic post Sarah! I'm so glad you like my ...Fantastic post Sarah! I'm so glad you like my blog. <br /><br />If you think it's useful, you might also check out my book, The Writer's Guide to the Courtroom, which is a reference for writers including journalists on the ins and outs of the civil justice system. (I've also been told by some lawyers they wish they had it in law school as a quick reference, but make no warranty as to exam-worthiness).<br /><br />I'm adding your blog to my blogroll right now.<br /><br />DonnaDonna Ballmanhttps://www.blogger.com/profile/03603733714342746822noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-78079759919512826712011-03-07T16:21:35.785-05:002011-03-07T16:21:35.785-05:00Hi Donna,
I'm an editor of the legal reporti...Hi Donna, <br /><br />I'm an editor of the legal reporting blog Legal As She Is Spoke, part of New York Law School's program on Law and Journalism. We are big fans of your blog (we just added you to our blog roll). We recently published a piece on Ablene Cooper's lawsuit against The Help author Kathryn Stockett. We would love for you to check out the story and the rest of our blog! <br />http://www.lasisblog.com/2011/03/07/maid-looking-to-“clean-up”-in-lawsuit/<br />Thanks, <br />Sarah Berentskbhttps://www.blogger.com/profile/18365332144479018207noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-64835850540263296482011-03-01T19:15:32.837-05:002011-03-01T19:15:32.837-05:00I hope it all goes your way, Drama. I'll be re...I hope it all goes your way, Drama. I'll be reporting any new developments on The Debriefer, so stay tuned.Donna Ballmanhttps://www.blogger.com/profile/03603733714342746822noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-41210485467803326922011-03-01T18:44:20.599-05:002011-03-01T18:44:20.599-05:00Donna thank you for this article. I've actuall...Donna thank you for this article. I've actually been concerned about this very thing in regards to the book I'm working on. Now it's a waiting game for some of us. I never thought that there would be a waiting game when it came to the books we all love.mad_drama_queenhttps://www.blogger.com/profile/04286898786505901742noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-76240698064869025252011-02-28T10:52:58.180-05:002011-02-28T10:52:58.180-05:00Ha! I prefer to go after bad employers myself.
As...Ha! I prefer to go after bad employers myself.<br /><br />As to the origins, I suspect it came about after too many cases of commercials and products using celebrity look-alikes and the sort. Unfortunately, the statutes appear to target writers as well, and the push is to go after publishers. Kick 'em while they're down. :(Donna Ballmanhttps://www.blogger.com/profile/03603733714342746822noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-60709352021380156382011-02-28T10:19:55.061-05:002011-02-28T10:19:55.061-05:00Donna;
Thanks for this thought provoking post. I&#...Donna;<br />Thanks for this thought provoking post. I'm wondering what the precedent was for creating this law in the first place? Your examples paints the picture of a law, whose interpretation can be as capricious as the defendant's pockets are deep.<br />Writers really need to keep up with these notions. <br /><br />By the way, aren't there some asbestos or natural gas drilling outfits for the attorneys to chase after instead of pickin' on us poor writers?Richard Suttonhttps://www.blogger.com/profile/07334072047610794115noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-78704003128876256202011-02-27T23:59:52.654-05:002011-02-27T23:59:52.654-05:00I'm so glad you enjoyed it. This and the case ...I'm so glad you enjoyed it. This and the case against Jimmy Carter that we talked about in The Debriefer a couple weeks ago (http://www.litopia.com/radio/love-the-law-go-hand-in-hand/)have the potential of altering the landscape of writing as we know it. If we start treating books as mere commercial objects subject to consumer protection and unfair competition laws, there won't be much left to write about.Donna Ballmanhttps://www.blogger.com/profile/03603733714342746822noreply@blogger.comtag:blogger.com,1999:blog-2984954143290188449.post-26969144637377268062011-02-27T23:23:08.960-05:002011-02-27T23:23:08.960-05:00Donna, this is a great blog post. As a writer, I k...Donna, this is a great blog post. As a writer, I know I've only concerned myself peripherally with items in the realm of 'right to publicity. Your blog really opened my eyes to the level of caution I must be sure to use in my projects going forward. Thank you so much for sharing this information.danaCreativehttps://www.blogger.com/profile/07808232310564681729noreply@blogger.com