Q. I have discovered an old novel I would like to rewrite, using the characters and the plot. Is this legal? A. Not if the novel still is under copyright; if so, your rewrite would be an infringement. The question then becomes how “old,” because if the book is NOT under copyright, it is in … Continue reading Q&A: Copyright In Old Novel
Q. I heard about the libel lawsuit against “Law and Order.” I thought fiction was exempt from defamation claims. What gives? A. Making a libel-in-fiction claim in the U.S. (other countries may differ substantially) has historically been very difficult for several reasons. First, the Supreme Court has ruled that an author or publisher … Continue reading Libel in Fiction
Q. Can you tell me, once and for all, what exactly is “fair use?” A. This is the single-most asked question of publishing lawyers. Thanks to the wonderfully dense language of Congressional bill writing committees, and the courts’ interpretation of their efforts, it is difficult to answer. Section 107 of the U.S. Copyright Act provides … Continue reading Q&A: Fair Use
Q. Can I legally protect my pen name, or the name of my mystery series? What about my web site? A. Many novelists use pen names or pseudonyms and many also have a “branded” series of mysteries, usually named after the chief character (e.g., Noreen Wald’s “Kate Kennedy South Florida Senior Sleuth” series.) What … Continue reading Q&A: Protection Pen Name or Series Name
Under general privacy law, the rights to a real-life story of a private individual rest with the individual. If you write a story or article based on that life, you must obtain the person’s permission. On the other hand, if your article or story is based on news reports or trial transcripts, or the individual … Continue reading Who Owns A True Story?
When you write about real, live people you can expose yourself to legal liability in multiple ways. And simply changing the names is no solution if the person can be identified by circumstances, appearance, or setting. There are essentially three types of “real persons” protected by the law — living ordinary people; living public figures … Continue reading Real People in Novels