Legal Question in Intellectual Property in California

Im writing a novel (fiction) but my main character is loosely based on an actual female rock star. If I use this stars description and some of her well known lyrics in part or in whole, do I need to get a release or permission from her?


Asked on 10/31/10, 12:55 pm

4 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

Yes you would need to get permission.

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Answered on 11/05/10, 8:41 pm
Kevin B. Murphy Franchise Foundations, APC

As the other attorneys note, it is problematic. This is even more so when you "quote" her lyrics. Consult with a good business or franchise attorney in your area for specific advice.

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

Franchise Attorney

Franchise Foundations APC

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Answered on 11/06/10, 8:40 am
Keith E. Cooper Keith E. Cooper, Esq.

Yes you would need permission to appropriate her persona, and separate permission to quote any copyright material. And be prepared to pay for this.

You should not proceed until after you have spoken to a qualified attorney experienced in copyright and entertainment law.

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Answered on 11/08/10, 10:54 am


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