Below is a conversation I had concerning writing about people without their expressed permission.

Q –

Can someone write about you in a book about their life without your permission? And can they write about you if you’re dead? 

A – 

I am not an attorney and can’t legally give you legal advice. Please consult with an attorney for your specific legal needs.

That said, we strongly discourage authors from writing about living people without written (and notarized!) permission from that individual, protecting the author and their publisher from all future legal action that could be brought by the individual.

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 law varies, 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.

For authors needing legal advice, I recommend Attorney James M. Walsh.

RELATED

• Yes, You CAN Be Sued for Libel, Even If What You Wrote “Is 100% True”
• 12 Ways to Avoid Getting Sued When Writing Your Memoirs By Angela Hoy, WritersWeekly.com and BookLocker.com
• “Since they’re public figures, I can’t be sued.” YES, YOU CAN GET SUED!
• “Do I need permission to publish blurry or partial photos of people?”
• “I can quote others without permission if I don’t intend to profit from my book sales, right?”