Legal Question in Entertainment Law in New York

Re: book rights

Overall, as the subject of the book he hs some direct rights... less there was any release signed by him with regards to this situation.

It may be possible for you to file an injunction to get the book stopped, or to recover monies on the part of his estate.

Re: book rights

I disagree with the previous answer. I say this to the questioner because the bad news begins with the First Amendment. It's highly unlikley that a court will issue an injunction. That's prior restraint and that wouldn't have sat well with the Founding Fathers and is unlikely under subsequent case law. Unless there was some critical secret/threat to national security or some other supremely dangerous content (and even then there's a tough climb) you could forget about an injunction. Your other question about who gets the money is a bit difficult to answer without more information. If your father was well-known and the book is in the nature of a biography or other non-fiction the facts of which were researched by the author, the author (and his publisher) will get the money. If, however, your father provided notes and interviews on the understanding that he'd be compensated, his estate may have a claim in conract or quantum meruit. A publicity claim in NY is a non-starter and unlikely to prevail in another jurisdiction based upon a First Amendment-type defense. If you're looking to make money, try writing your own book because, as a family member, you probably have access to more facts and insight than the author. Unlless, of course, he's another family member.