Legal Question in Intellectual Property in California

Hi, is it legal to create an "unofficial fan book" about a celebrity and then sell it? I would e.g. collect short parts of text from online fan communities and compose them into one single book. I would not use any copyrighted images, but just compose the texts / chapters together and then sell the book online. Either hard-copy or just the pure e-book. In any case, I would be making some money with this book by distributing it then. I do not live in US, but the celeb in question is US-based. Is this somehow state-related thing? Since I would be operating only online, this confuses me greatly.


Asked on 8/02/11, 5:29 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The concept itself is not illegal, but each individual "borrowing" of material someone else wrote is a possible copyright violation. Just because a passage isn't registered with the trademark office and bearing a circle-C copyright symbol doesn't mean the author has no rights in it. So, I'd say you would be taking risks in preparing and marketing such a book. As to your location, I would say this may afford you some minimal degree of protection against lawsuits. They would be more expensive to initiate and prosecute. However, enforcement could also occur by seizure of shipments of the books, etc., and even if it is distributed only as an on-line item, the enforcement could be against your Web site. All in all, I suggest having a detailed review of your idea, including samples of material to be used, made by an attorney experienced in U.S. or international copyright law.

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Answered on 8/02/11, 8:52 am


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