Gathering Consent for Writing a Biography: Legal Implications and Best Practices

No Copyright on Facts and Names

A person generally has no copyright or other protection on the factual elements of their life, nor on their name or likeness. This means that anyone can write about these facts without seeking explicit permission. However, it is important to note that in some jurisdictions, you may not use the person's likeness for commercial promotion or to imply endorsement without their consent.

Right of Publicity and Defamation

While a clear statement that a biography is not authorized or approved by the subject can address any right of publicity issues, it is crucial to avoid making false factual statements that could harm the person's reputation. If such false statements are made, you could be liable for defamation, and the subject may sue for substantial damages. In the United States, opinions and true statements, even if negative, are generally protected against defamation claims.

Avoiding Legal Disputes

It is advisable for the writer to seek consent and consider the potential legal implications to avoid any disputes. Consulting a legal professional can help clarify the specific requirements and obligations. Even if seeking consent is difficult or infeasible, it is still the polite and responsible thing to do. Unauthorized biographies are often written and can still be commercially successful, albeit they are more prone to inaccuracies and gaffes.

Common Practice and Examples

There are numerous examples of biographies written about deceased individuals, for which permission is naturally not needed. For living subjects, unauthorized biographies often emerge where the individual does not cooperate with the author. These books can be less polished but are still valuable and can achieve commercial success in the absence of an authorized version or memoir.

Conclusion: Etiquette and Responsibility

It is only polite to ask permission to write about another person's life. Unauthorized biographies are a common reality, but it is crucial to verify every factual claim with at least two sources. If the biography is an unforgiving portrayal of a living individual, prepare for the possibility of legal action, which can be a double-edged sword in terms of publicity.

/ppRegardless of whether consent is obtained, always ensure that your work is accurate and based on reliable sources. Legal preparedness and strong evidence can defend against defamation claims and lawsuits.