The Hidden Risks and Legal Gray Areas of Writing About Real People Without Their Consent
Dead people can’t sue but the author of Running with Scissors was sued by the deceased author’s family because of the way he portrayed them. Also, while state laws vary, if you write about a deceased celebrity, the estate may be able to sue if you are using that celebrity’s name/likeness to sell something (including a book).
“In 1984, however, the California legislature enacted the Celebrity Rights Act which changed the law. This statute, presently found at Civil Code section 3344.1, provides that the right of publicity descends and lasts for 70 years after the death of the person. A similar statute, known as the Astaire Celebrity Protection Act (California Civil Code section 3344), prohibits the unauthorized use of the name, voice, signature, photograph or likeness on or in products, merchandise or goods for those who are living. Both statutes attempt to balance First Amendment rights against rights of publicity and privacy.” – Source: The Right of Publicity by Mark Litwak, Esq.
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