Legal Question in Intellectual Property in New York

first amendment right to publish personal and objectionable matter
I recently allowed an author to interview me for a book about a personal issue that shed a very poor light on a member of my family. I asked that my name not be used, but she did not readily agree. If she does publish the material it could violate privacy and hurt others. Does she have the right to do that under the first amendment. Do I have any recourse to stop her? Is this such a thing as an implied right to publish when one is interviewed, or do I have the right to sue her if she publishes because she will hurt me and others?

Asked on 9/26/07, 12:22 pm

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

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Re: first amendment right to publish personal and objectionable matter

An author can generally publish an interview, no matter who gets hurt, and may have the affirmative defense of truth to any charge of slander or libel See the popular rags that line the grocery checkout aisles. This stuff sells.

However, there may be the possibility of getting an injunction requiring the author to change the names and identifiable information associated with the material in the book if the identity information is not required for the storyline she is trying to tell.

Sorry... Next time, don't discuss with a reporter/author what you don't want published.

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Answered on 9/26/07, 1:59 pm

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