Topanga, CA asked in Copyright for California

Q: I wrote a "fake" memoir of a well-known public figure that's still living for satirical purposes.

I'm planning on publishing the book as an e-book. Anyone reading the book will quickly understand that it's satire and is not meant to be taken as a factual, so I'm not worried about legal issues with the actual content, but I'm wondering about author names. The content of the book is presented as being written by this person when in fact it was written by me. Can I write that this person is the "author" on the book cover?

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1 Lawyer Answer
Robert P. Cogan
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Answered
  • Intellectual Property Lawyer
  • San Diego, CA
  • Licensed in California

A: There are problems with false attribution, too many to start listing here. It might be possible to use disclaimers with respect to use of the person's name. However, even if it might be possible, it would have to be done in compliance with laws and legal precedent. The difficulty is compounded by the e-book's distribution throughout many jurisdictions.

Many people and companies have been sued for publishing what to them was obviously satirical. It may not be that obvious to a court or a jury and certainly not to the person being satirized. Sometimes people can prevail when they get sued. Sometimes they are broke by the time they "win."

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