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Legal Eagle

Copyright

Q: Writing biographies

I want to write a book, possibly biographical, about an entertainer. Do I need their permission?

A: The short answer is that no, you do not need permission. However, where a biography is written about a living person, it is highly desirable to obtain that person's approval because, if the book is not authorised or approved by the person about whom it is written, there is always the danger of a possible action against you for libel, based on any factual inaccuracies or unfair comment harmful to the reputation of the individual concerned. After all, if the book is to sell well, you will need to liven it up with anecdotes and witticisms of potential interest to your readers, and obtaining approved material direct from source is obviously more reliable than, for example, picking up unreliable gossip, possibly at second or third hand, based on the hazy recollection of third parties.

If the subject matter of your biography is dead there is no danger of a libel suit by the deceased since under English law (assuming it applies here) a dead person cannot be defamed.

Another factor to bear in mind is that an authorised biography is more likely to sell better than an unauthorised version since authorisation is likely to give it added credibility in the minds of the public.

If you are intending the book to be a critique of the entertainer concerned, and if the latter is still alive, then obviously you need more than ever to be particularly careful about a libel suit. In those circumstances I would suggest that you check your facts with special care and that you or your publishers arrange (as your publishers would probably do in any event) to have the book read by a libel lawyer prior to publication.

So far as expressions of opinion, as distinct from fact, are concerned, it will be a good defence to a libel suit that the opinion concerned was fair comment, expressed in good faith, based on truth, and given without malice, on a matter of public interest. However, malice in this context includes recklessness, ie not caring whether the opinion is based on factually correct information. Malice can also be inferred from the use of extremely excessive language.

If, as seems likely, the entertainer concerned is a well known public figure, that is another reason to be particularly careful because of the impact of a high profile public reputation on assessment of damages in the event of libel being established.

Bear in mind also that if your book contains material about persons other than the principal subject of the book, the same considerations about libel apply in relation to those other persons, even in the case of an authorised biography. Furthermore, even if the biography is not authorised, it would be prudent to send a copy to the entertainer concerned prior to publication, requesting their approval of its contents, whether you think it likely that such approval will be forthcoming or not, because by so doing you are giving the person concerned the opportunity of saying in advance if he objects to any particular passage in the book, which should draw him out and give you some advance warning of trouble if it is likely to occur. This will enable you to obtain the best legal advice on any points of objection prior to publication, and, if there are none, your subject will be less likely to obtain the sympathy of a jury in relation to assessment of damages in the event of a law suit for libel.

First published May 2000