I don't believe he is using my last name, but I want to know if it's legal for him to use my first name without my knowledge.
2006-12-19 08:37:16 · 16 answers · asked by KBGood 2 in Politics & Government ➔ Law & Ethics
It's legal, as long as what he says about you is true. If he lies, it will be your burden to prove it. Research 'defamation of character.' If he is only using the first name, a good lawyer could still make a case for character defamation if the book is widely read in your immediate area, and results in real scenarios where you are harrassed or confronted with excerpts of the book by readers that know who you are.
2006-12-19 08:42:46 · answer #1 · answered by Anonymous · 0⤊ 2⤋
You're kidding, right? You REALLY think you'd have a legal claim if he uses the name "Jane" in a book?
People in this country think they can just sue and win for anything. You people are morons. The ONLY way you can get damages is if (1) it is shown to a point of reasonableness that the person being described is you, to be determined by the judge (here's a hint - having the same first name as the book character won't cut it); AND (not or; AND) (2) you will either have had to lose money, or suffer emotional stress, or he will have had to make money, specifically by including you as an identifiable person. So here's another hint - just being pissed off at your ex is not emotional distress. If he mentions you by first and last name, you STILL have the burden of proving this caused you duress. And unless you can convince a judge that his book made money because he included your first name as a character, you don't have a prayer.
You've been watching too much court TV. Move on for God's sake, you look pathetic.
2006-12-19 08:55:55 · answer #2 · answered by Tricia 3 · 2⤊ 2⤋
My guess would be to find out if he is publishing a work of FICTION or a work of NON-FICTION. And I am just using reasoning here.
If it is fictious but using names similar to those in his life and essentially writing a good story line, I'd think not. If in this work he is not directly identifying you it may not be much of an issue.
If it is non-fiction as in a biography of his life or a work of history, then it is possible. If you can be identified through this work say through a name connection, you might want to talk to your lawyer if there is information about your background (legal, personal, or professional) you wouldn't want revealed. Only a lawyer familiar with the publishing industry could probably give you a good answer.
2006-12-19 08:50:47 · answer #3 · answered by keyz 4 · 0⤊ 2⤋
That's a tough question and if you say something about someone here in Canada - it can be considered slander. However, look at all the books that are published ie Madonna and whomever she might have slept with at any given time - no one asked permission they just wrote the books.
Or books that were published after Princess Diana died??
2006-12-19 08:41:52 · answer #4 · answered by No one 3 · 0⤊ 1⤋
there is not any criminal age to get a e book revealed. there is basically the requirement to cajole a writer to purchase yours extremely of all the different manuscripts they are being presented, maximum with the help of adults and some with the help of experienced professional authors. Your possibilities of writing that nicely at 14 are extremely slender. not 0, yet slender. very few human beings take care of to promote their first executed e book, fantastically in the experience that they write it as a baby.
2016-11-30 23:29:48 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Yes it is legal for him to talk about you using your full name. You have to look at it like this. What he is talking about is his life, you just happened to be there. Unless he is lying about you and claiming things that are untrue. You could then take him to court but then you would have to prove that they weren't true. It didn't happen that way wouldn't cut it. You would have to have actual proof and witnesses. That type of thing.
2006-12-19 09:39:18 · answer #6 · answered by Danny 6 · 0⤊ 2⤋
No, it is illegal to get it published about you without your consent. Unless he turns you into a character by changing your name, etc.
2006-12-19 08:46:21 · answer #7 · answered by Anonymous · 0⤊ 2⤋
No! Some guy tried to sue a rapper (Eminem I think) in the past year for making a song that he claimed was about him...he couldn't prove it and so lost the case, but if your ex specifically mentions your name...well, then you can sue him!
2006-12-19 08:41:31 · answer #8 · answered by blankstares 3 · 0⤊ 2⤋
If he is just using your first name then there may not be anything you can do. But for him to use your full name or disclose your personal info you would have to sign a waiver.
2006-12-19 08:40:42 · answer #9 · answered by raindog312 3 · 0⤊ 2⤋
It depends, if it is news, or historical, or a biography he probably can.
But you can sue for just about anything, defamation of character, slander, etc... His publisher will probably point out any risks to him.
2006-12-19 08:47:36 · answer #10 · answered by Darth Vader 6 · 0⤊ 2⤋