Using my name in a book about me and a play

[T.Churchwell]

What is the name of your state? New York

The Book "Invisible Eden" is a book about the murder of my girlfriend, Christa Worthington. In the book is a chapter about me called "The Amazing Tarquin" and its very derogitory. I did not give her, Maria Flook, permission to write about me.

Now I find out there is a play and in it is a NYC magician name "The Amazing Tarquin." I am a NYC magician who uses the name "The Amazing Tarquin."
I emailed the author of the play and he said that yes it is me. He said he saw my name in a magazine and that it would be good for a character he needed for his play.

My question is:
Can I sue these people?

 

[seniorjudge]

https://forum.freeadvice.com/showthread.php?p=884061#post884061


There are thousands of posts similar to yours so I have prepared a standard answer:

Get a lawyer.

Invest $20K and three years.

Sue the bad people for defamation.

If you win, expect them to keep doing it.

If you lose, expect them to keep doing it.


Stand by for other opinions.

 

[JETX]

Can I sue these people?

Of course you can sue them. Anyone can sue almost anyone else over almost anything.

However, do you have a CASE against them??
The answer to that depends entirely on what was said, how it was said, etc.
Also, there could be an issue of unauthorized use.
Contact a local attorney who can review ALL the issues.

 

[dallas702]

Think about this. You need to wait until the book and play become a huge success. THEN sue when there is actually some money to recover. Apparently, the playwright thought you were a ficticious character. That's probably what most people reading the book or seeing the play would think. That makes it hard to claim damages. So, make sure there's something to go after before you pursue it.

 

[You Are Guilty]

Here's the law:

S 50. Right of privacy. A person, firm or corporation that uses for
advertising purposes, or for the purposes of trade, the name, portrait
or picture of any living person without having first obtained the
written consent of such person, or if a minor of his or her parent or
guardian, is guilty of a misdemeanor.

S 51. Action for injunction and for damages. Any person whose name,
portrait, picture or voice is used within this state for advertising
purposes or for the purposes of trade without the written consent first
obtained as above provided may maintain an equitable action in the
supreme court of this state against the person, firm or corporation so
using his name, portrait, picture or voice, to prevent and restrain the
use thereof; and may also sue and recover damages for any injuries
sustained by reason of such use and if the defendant shall have
knowingly used such person`s name, portrait, picture or voice in such
manner as is forbidden or declared to be unlawful by section fifty of
this article, the jury, in its discretion, may award exemplary damages.
But nothing contained in this article shall be so construed as to
prevent any person, firm or corporation from selling or otherwise
transferring any material containing such name, portrait, picture or
voice in whatever medium to any user of such name, portrait, picture or
voice, or to any third party for sale or transfer directly or indirectly
to such a user, for use in a manner lawful under this article; nothing
contained in this article shall be so construed as to prevent any
person, firm or corporation, practicing the profession of photography,
from exhibiting in or about his or its establishment specimens of the
work of such establishment, unless the same is continued by such person,
firm or corporation after written notice objecting thereto has been
given by the person portrayed; and nothing contained in this article
shall be so construed as to prevent any person, firm or corporation from
using the name, portrait, picture or voice of any manufacturer or dealer
in connection with the goods, wares and merchandise manufactured,
produced or dealt in by him which he has sold or disposed of with such
name, portrait, picture or voice used in connection therewith; or from
using the name, portrait, picture or voice of any author, composer or
artist in connection with his literary, musical or artistic productions
which he has sold or disposed of with such name, portrait, picture or
voice used in connection therewith. Nothing contained in this section
shall be construed to prohibit the copyright owner of a sound recording
from disposing of, dealing in, licensing or selling that sound recording
to any party, if the right to dispose of, deal in, license or sell such
sound recording has been conferred by contract or other written document
by such living person or the holder of such right. Nothing contained in
the foregoing sentence shall be deemed to abrogate or otherwise limit
any rights or remedies otherwise conferred by federal law or state law.