The View from the Page
Following my December 15, 2006 issue of Beyond the Spine (called A LIFE IN LETTERS), ReadersRoom.com received many inquiries from readers interested in the concept of what accountability or responsibility an author has to his or her subjects.
As seen from the numerous lawsuits in recent years relating to films and novels, there are many layers to this. Whether you are writing fiction, non-fiction or biography, intend to write about an actual person or circumstance, or model a fictional character after a real person, there is a legal premise called the “right of publicity” which can affect you. In a nutshell, this means is that an individual has the legal right to control the exploitation of his-or-her name or likeness.
The typical “right of publicity” case usually involves unauthorized product endorsements, however, recently there have been cases involving actual people depicted as fictional characters, or cases where a real person is portrayed in a fictional work, or a work blending fact and fiction together. There have also been cases based upon fictional works inspired by real events.
(I must emphasize here that I am not an attorney and that this column is not intended to replace the advice of a lawyer or an agent, I am simply providing a frame of reference.)
The “right of publicity” act protects a person’s economic interest in their persona. This should not be confused with a libel law, which protects a person’s reputation. A fictional work may contain libelous statements, but not violate any right of publicity issues, or vice-versa. Laws on “right of publicity” vary from state to state, and are enforceable in all states. It is not enough for an author or a film company to place a disclaimer within their work to avoid a “right of publicity” lawsuit and the ever-shifting definitions of the “right of publicity” laws can make it difficult for authors to determine what their Freedom of Expression rights are.
Floating in between journalism and story sources is the world of public relations. P.R. agencies funnel many of the story ideas you see every day in the paper or on the news from source to fruition. In addition to author and book promotion, I have had the valuable experience of working at a private public relations firm representing some very high-profile clients. At every desk in the company was a copy of the Associated Press Style book (which I still use), a valuable tool for every writer. (Other media sources have published such guides as well.) Journalistic guidelines like these provide a frame-of-reference not only for writing press releases and other materials, but also for understanding the types of stories the media source will cover, translating into the type of coverage a certain publicity angle can be expected to get from the media based upon the standards, rules and guidelines for each source. Many media sources publish mission statements and media standards online, such as NPR, Associated Press and others. (These are not to be confused with the Style Book standards, which outline common phrases, spelling and references, among other things.) Some topics just can’t be touched with the proverbial 10-foot-pole – no matter how fantastic an angle.
Writing of every type reflects many aspects and values of our culture, of life, from moral standards to the technology and styles of the times. A writer brings their own frame of reference, experience, feelings and interests to their work. This is what makes a story dimensional. Again, though, we go back to what responsibility an author has to their subject, a question which can’t be answered simply. One possible guideline is stated in the Associated Press Managing Editors Ethics code of Responsibility: “…be fair, accurate, honest, responsible, independent and decent.” A real turn of the screw issue, though, is how an author can inject viewpoint, opinion and personal feelings without violating another. This raises the question of the difference between writing about something specific a certain person may have done or said – it has been demonstrated that without the proper approval, documentation or proof that they can take action against you for having written about it. But what about how the person made you feel? Can that be disputed?
*****
As seen from the numerous lawsuits in recent years relating to films and novels, there are many layers to this. Whether you are writing fiction, non-fiction or biography, intend to write about an actual person or circumstance, or model a fictional character after a real person, there is a legal premise called the “right of publicity” which can affect you. In a nutshell, this means is that an individual has the legal right to control the exploitation of his-or-her name or likeness.
The typical “right of publicity” case usually involves unauthorized product endorsements, however, recently there have been cases involving actual people depicted as fictional characters, or cases where a real person is portrayed in a fictional work, or a work blending fact and fiction together. There have also been cases based upon fictional works inspired by real events.
(I must emphasize here that I am not an attorney and that this column is not intended to replace the advice of a lawyer or an agent, I am simply providing a frame of reference.)
The “right of publicity” act protects a person’s economic interest in their persona. This should not be confused with a libel law, which protects a person’s reputation. A fictional work may contain libelous statements, but not violate any right of publicity issues, or vice-versa. Laws on “right of publicity” vary from state to state, and are enforceable in all states. It is not enough for an author or a film company to place a disclaimer within their work to avoid a “right of publicity” lawsuit and the ever-shifting definitions of the “right of publicity” laws can make it difficult for authors to determine what their Freedom of Expression rights are.
Floating in between journalism and story sources is the world of public relations. P.R. agencies funnel many of the story ideas you see every day in the paper or on the news from source to fruition. In addition to author and book promotion, I have had the valuable experience of working at a private public relations firm representing some very high-profile clients. At every desk in the company was a copy of the Associated Press Style book (which I still use), a valuable tool for every writer. (Other media sources have published such guides as well.) Journalistic guidelines like these provide a frame-of-reference not only for writing press releases and other materials, but also for understanding the types of stories the media source will cover, translating into the type of coverage a certain publicity angle can be expected to get from the media based upon the standards, rules and guidelines for each source. Many media sources publish mission statements and media standards online, such as NPR, Associated Press and others. (These are not to be confused with the Style Book standards, which outline common phrases, spelling and references, among other things.) Some topics just can’t be touched with the proverbial 10-foot-pole – no matter how fantastic an angle.
Writing of every type reflects many aspects and values of our culture, of life, from moral standards to the technology and styles of the times. A writer brings their own frame of reference, experience, feelings and interests to their work. This is what makes a story dimensional. Again, though, we go back to what responsibility an author has to their subject, a question which can’t be answered simply. One possible guideline is stated in the Associated Press Managing Editors Ethics code of Responsibility: “…be fair, accurate, honest, responsible, independent and decent.” A real turn of the screw issue, though, is how an author can inject viewpoint, opinion and personal feelings without violating another. This raises the question of the difference between writing about something specific a certain person may have done or said – it has been demonstrated that without the proper approval, documentation or proof that they can take action against you for having written about it. But what about how the person made you feel? Can that be disputed?
*****
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