Hi all,
What advice can you throw at me? I tend to want to talk about Elvis world and past kings. Even if I change the names I still use scenarios that are telltale. Where does the trouble lay in such a thing?
Legal advice for defamation?
If you don't writ nuthing defamatory, or present stuff in a libellous manner you shouldn't need to worry too much. If you've got doubts stick some stuff on Critique and give the funny brains a better idea of what
it is that you're worried about.
Elvis is dead. Past kings are dead. You can say what you like.
Quote: Badge @ March 9 2011, 2:15 AM GMTElvis is dead. Past kings are dead.
But you repeat yourself.
Quote: Badge @ March 9 2011, 2:15 AM GMTElvis is dead. Past kings are dead. You can say what you like.
Not strictly. His estate still exists so someone could potentially be sued by family. Not that that would ever happen, unless you were very very silly.
Quote: nazarene artists @ March 9 2011, 12:33 AM GMTHi all,
What advice can you throw at me? I tend to want to talk about Elvis world and past kings. Even if I change the names I still use scenarios that are telltale. Where does the trouble lay in such a thing?
What sort of things do you want to say that you're worried about?
Quote: Nat Wicks @ March 9 2011, 2:20 PM GMTNot strictly. His estate still exists so someone could potentially be sued by family. Not that that would ever happen, unless you were very very silly.
It's usually family members who make the most defamatory comments about the dead.
Quote: Nat Wicks @ March 9 2011, 2:20 PM GMTNot strictly. His estate still exists so someone could potentially be sued by family. Not that that would ever happen, unless you were very very silly.
You can't defame the dead, so his estate could not sue for libel in relation to defamatory statements about the dead person.
Even with the living you're generally okay if you go for ordinary people with little money. There's no legal aid for defamation and it's very expensive, so tends to be the playground of millionaires.
Quote: Badge @ March 9 2011, 2:15 AM GMTElvis is dead.
Shhh, you'll start them off again.
And probably the "Paul Mcartney is dead" nutters as well
I'm a lawyer, and given all the stuff that has been said about Elvis and past kings, I imagine you'll be pretty safe -- unless you were to say something so shocking that his family wanted to take action. For example: false allegations of sexual abuse, etc. Such an allegation might affect sales and therefore his estate's trustees might sue. (That said, it would be very tough for such a claim to suceed. To be honest, I wouldn't be worried myself.)
Quote: Kevin C @ March 21 2011, 12:17 PM GMTI'm a lawyer, and given all the stuff that has been said about Elvis and past kings, I imagine you'll be pretty safe -- unless you were to say something so shocking that his family wanted to take action. For example: false allegations of sexual abuse, etc. Such an allegation might affect sales and therefore his estate's trustees might sue.
Oh, do tell us more
Quote: sean knight @ March 21 2011, 1:24 PM GMTOh, do tell us more
I'm saying nothing -- other than that "Love Me Tender" should be renamed "Love Me Red Raw, Perve".
And as for the track "He Touched Me" -- well, don't even go there.
How far can you push it with live famous people, if you make up (mostly absurd) stuff about them for comic effect? Say, making out they're a serial killer or a Nazi.
Could you just have a disclaimer at the end or something?
Stewart Lee does a big made up thing about Richard Hammond, but admits it's made up at the end. You would need to be careful though.
I'd be very careful. I'm a little out of date but there used to be a defence of fair comment. Is that still around?
If you're going for someone well known chances are they've got the wherewithal to afford expensive lawyers. But do you need to be making things up?
Why not use Nick Clegg? You're on a winner there. Proven liar and hypocrite.
Again it would depend on the target. If they have a track record of doing slightly dodgy things then they'd be more likely to leave well alone rather than draw more attention.