Unfortunately we live in a very litigious society, which is why it’s important to be made aware of the legal pitfalls. This series will give you a heads up on what to watch for and can also provide an understanding as to why publishers may have certain provisions in their contracts or take a stance with respect to some aspects of the work, for example, whether an author wants to use real places and historical figures.
General Resource
Please note, Writers Beware of the Legal Pitfalls is a series that is intended to be used as a general resource only and is NOT legal advice. You CANNOT rely on it as a substitute for legal counsel from your attorney.
Who Can File A Lawsuit?
First of all, anyone can file a lawsuit about anything. Once filed, the defendant has to defend him or herself which can get quite expensive. Although frivolous lawsuits are supposed to be dismissed, that is not necessarily the case.
I’d like to open with a few examples of lawsuits that thankfully were dismissed just to give you some perspective.
Off the Wall
A convicted serial killer sued an author for $60 million. Even though the felon was found guilty and waited on death row, he claimed innocence in the 16 murders. His claim was based on the writer’s characterization of him as a serial killer, which he believed was misleading, false, and “defamed his good name.” He also claimed that he would be “shunned by society and unable to find decent employment” once he was able to return to life outside jail. Needless to say, the judge threw out the case in just 46 seconds, but it still cost the writer’s publisher $30,000 in legal fees.
Silence
Can you be sued for silence? Mike Batt, a musician, was sued for plagiarism after including on his album a silent song. Yes, silence. There were no vocals or music. The late John Cage’s publishers sued this musician for silence claiming it “ripped off Cage’s” album which contained no vocals or music. We don’t know what the outcome is of copyrighting silence because Batt agreed to a six-figure out of court settlement.
The Sleeping Student
When a teacher slammed her palm on the desk of a sleeping student in an effort to wake him up, she was hit with a law suit. Yes, he claimed she damaged his hearing. Really??
Batman
I am not sure how many of you are Batman fans, but did you know there is a city in Turkey with the name Batman? The mayor sued Warner Brothers as well as Christopher Nolan, the Dark Knight director, for using the name Batman without their permission. Did they just realize the existence of this superhero after 70 years or did they want to take advantage of the movie’s billion-dollar income? It’s up to you.
Suing Yourself?
Nothing ceases to amaze me. An inmate sued himself in Chesapeake, VA. He was arrested for breaking & entering as well as grand larceny. He was upset with himself so he decided to sue himself for $5 million dollars for a civil rights offense — his own religious beliefs were violated by himself. Because he didn’t have the $5 million to pay himself, he requested that the state pay. Needless to say, his suit fortunately was thrown out.
There are many more off the wall lawsuits, but the fact is, they are a reality we need to be made aware of. Next month we’ll take a look at copyright basics.
What off the wall lawsuits have you heard of?
(C) 2018 Karen Van Den Heuvel Fischer
