Legal Question in Intellectual Property in California

The first thing you might do is ask yourself whether you are harmed in any way. People are mentioned in books, magazines, newspapers, Web blogs, etc. all the time without giving permission. Whether there is anything worth doing depends upon whether you suffered any damage or harm that is compensable under any law or policy.

The next thing to do is estimate the dollar value of the harm done to you by the mention without permission. If you can prove damages justifying the filing of a lawsuit, and have a legal theory to support the claim, see an attorney.

Possible theories of recovery of damages might include libel, unfair disclosure of private facts such as disclosing the identity of a rape victim, and use of a celebrity likeness for profit. The average mention of someone in a publication, with or withot permission, is not going to violate any law, policy or personal right, and further, is unlikely to result in significant personal harm for which a judge or jury could award money damages. It is also very doubtful a court would enjoin the publication or sale of the book. This would conflict with our First Amendment right of free speech.

You should congratulate yourself - you're famous.

Unless you were libeled in some way, celebrate your celebrity.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney