Legal Question in Intellectual Property in California
Use of Real Names in writing an autobiography
Dear Legal Advisor - A friend of mine is writing an autobiography, which is graphic and much of which has been street ministry to prostitutes. Can she use the names of real people that she's encountered, some of which are still alive and some are deceased? This also includes pimps, celebrities, musicians and actors...or is written permission required? Also, can old hang outs be named in the book: i.e. The Rainbow, House of Blues, Roxy, etc. or is permission required to name these places in the book as well?
If you could provide some guidance, it would be appreciated. Thank you.
2 Answers from Attorneys
Re: Use of Real Names in writing an autobiography
Your assumptions are correct. Any person's name needs to be authorized or such persons can come after you...and more importantly, has the power to stop a project from moving forward. Avoid this and get the clearances.
Re: Use of Real Names in writing an autobiography
I have a bit different take. If one is writing an autobiography there is substantial First Amendment protection. As the work would be factual (i.e., truthful) in nature, there could be no successful defamation claims. Invasion of privacy laws may be a concern but I believe the First Amendment would trump those. As many of the people portrayed would likely not provide consent, the notion of seeking their approval is an unnecessary act as far as the law is concerned similar to the concept of "fair use" under copyright law for a scathing satire of a public figure. The problem with "tell all" books is that the author (and any publisher) need to be able to withstand the lawsuits of well financed plaintiffs who may seek to prevent disclosure by waging economic warfare.
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