Legal Question in Intellectual Property in New York

Re: Publications Based on Crimes

A person is always open to the possibility of being sued in this great land of ours (this is what keeps me in business.) The real question is if a suit is brought, what will be the grounds and what are the chances of success?

I assume that, based upon the facts that you present, there has been a criminal conviction and the report is an accurate description of that conviction.

There are a few theories under which you could be sued, such as libel or misuse of the person's name, but none of them would have much merit. If the report is accurate, truth is an absolute defense to a claim of libel. Also, fair and accurate reports of judicial or legislative proceedings are absolutely privileged. In plain English, this means that most states have laws that say you cannot sue a person who accurately and fairly reports on something that happened in a court.

Thus, as long as the report is true and accurate (for example, you haven't selected among facts so that you omit some mitigating facts in an effort to make the person look as bad as possible), then you should be ok. I suggest, however, that if you have any doubt as to the possibility of being successfully sued, you have a qualified libel attorney review the work. This could be very helpful both in avoiding a lawsuit and also in demonstrating later that your publication was not reckless (in other words, a qualified professional thought it was ok to publish, so your publication was reasonable). It may be an extra cost now but could save you substantial amounts in the future.

Re: Publications Based on Crimes

You can "get sued" for anything. But in the facts you have mentioned, you would win. Truth is already a complete defense to a suit for defamation.