Legal Question in Entertainment Law in California

Breech of a written agreement - Violation of confidence

A writer approached me to write a book about my story and we sat down to do an initial interview. Because he had no official offer with him to sign and I didn't really know him, I presented him with a piece of paper barring him from using or giving the information to anyone without my written permission. We both signed and dated it. Later, this person became verbally abusive and his friends advised me not to work with him so I kindly declined. Recently I have discovered that he has written a different book (not out yet) of a sordid nature and has included a twisted version of me and the information contained in our interview. He broke our agreement. Do I have any rights? Can I stop the press?


Asked on 1/15/05, 1:28 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Breech of a written agreement - Violation of confidence

I do entertainment law. I would need to see your contract and his "sordid work," but you may have a case there. You may contact me.

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Answered on 1/15/05, 2:20 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Breech of a written agreement - Violation of confidence

I hope you kept a copy of the paper that he signed. You will not be able to "stop the press" as First Amendment case law generally forbids courts from "prior restraints" on publishing. You will have to wait until the book comes out, then consult an attorney to determine your rights which could include possible causes of action for breach of contract, defamation, invasion of privacy, violation of the right of publicity, possible copyright infringement, and/or other legal theories. I would be interested in hearing more.

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Answered on 1/15/05, 2:35 pm


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