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possible liability for libel/slander and defamation for naming a painting, NY libel/slander law, copyright law
Binghamton, NY
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Posted about 1 year ago in Libel / Slander
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bad title for a painting:
My son is an artist, and wants to paint a picture of the JFK assassination, and title it LBJ'S DREAM. I told him that i believed he could be sued for libel, slander, or defamation, by either a member of the LBJ family, or by a third party who has an interest in the LBJ name due to his or her standing. My son says that I don't know what I am talking about, as he is protected under the Constitution, under such things as freedom of speech, and the like. Additionally, he says that should he be sued, he is sure that the NYS arts council would have their legal offices handle his case for free because he is an artist. He is an unknown artist who has not sold any of his paintings has no following as an artist, and doesn't have any income to handle legals fees, but feels that i am worrying for no good reason, and that i am totally wrong. Bottom line - what is your take on this - if he does this, is he liable for a lawsuit by anyone for any reason pertaining to the painting and the name of the painting? i don't believe that implying, by title, that LBJ had a dream of JFK being killed is not going to cause trouble.
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Answers (2)
Adrianos Matthew Facchetti
This attorney is licensed in California.
Posted about 1 year ago.
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DISCLAIMER: THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP
This is a great question! The short answer is: your son should be OK. Here's why: The general elements of defamation are: (1) intentional publication by the defendant; (2) of a statement of fact; (3) that is false; (4) defamatory; (5) unprivileged (every state has it's own defamation laws, but these are generally the requirements in most states). First of all, defamation is a personal right. That is, it is the right of an individual in his/her reputation. LBJ is the only person who's reputation is even remotely called into question in your son's painting, and LBJ is deceased. Second, let's examine the actual statement itself: "LBJ's dream." Ask yourself: is this a provable statement of fact, or merely an opinion? I think most people would say that it's an opinion, especially in the context of an artistic expression, as here. Third, even if someone attempts to bring a lawsuit, New York, like many other states, has what's called an "anti-SLAPP' statute. SLAPP is an acronym for Strategic Lawsuit Against Public Participation. The legislatures of about 20 or so states have created a SLAPP statute which allows a defendant to dispose of lawsuits, which are primarily aimed at chilling speech. A SLAPP motion is an extremely powerful tool for the defendant. Fourth, if you want to know more about defamation go to the following websites: http://www.citmedialaw.org/, http://www.casp.net/, or my website below. Although, I must caution you that I'm a California lawyer, and NOT licensed to practice in New York. You should seek the advice of a lawyer in New York. Again, thanks for the great question.
Adrianos Matthew Facchetti
This attorney is licensed in California.
Posted about 1 year ago.
Flag as objectionable
DISCLAIMER: THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP
This is a great question! The short answer is: your son should be OK. Here's why: The general elements of defamation are: (1) intentional publication by the defendant; (2) of a statement of fact; (3) that is false; (4) defamatory; (5) unprivileged (every state has it's own defamation laws, but these are generally the requirements in most states). First of all, defamation is a personal right. That is, it is the right of an individual in his/her reputation. LBJ is the only person who's reputation is even remotely called into question in your son's painting, and LBJ is deceased. Second, let's examine the actual statement itself: "LBJ's dream." Ask yourself: is this a provable statement of fact, or merely an opinion? I think most people would say that it's an opinion, especially in the context of an artistic expression, as here. Third, even if someone attempts to bring a lawsuit, New York, like many other states, has what's called an "anti-SLAPP' statute. SLAPP is an acronym for Strategic Lawsuit Against Public Participation. The legislatures of about 20 or so states have created a SLAPP statute which allows a defendant to dispose of lawsuits, which are primarily aimed at chilling speech. A SLAPP motion is an extremely powerful tool for the defendant. Fourth, if you want to know more about defamation go to the following websites: http://www.citmedialaw.org/, http://www.casp.net/, or my website below. Although, I must caution you that I'm a California lawyer, and NOT licensed to practice in New York. You should seek the advice of a lawyer in New York. Again, thanks for the great question. |
