Can public documents be use for making biography


Can an author use a work, newspaper articles, public interviews of a celebrity and make a biography on his/her life based on such platforms, without the consent of the celebrity and forward it to publication houses to make money and claim to be protected under freedom of speech? what remedies are available to the celebrity?

Answers (1)


195 votes

Biographical works can be written without the permission of their subjects. However, the lack of a requirement for consent does not mean that it is prudent to create a work about another person without their consent regardless of the nature of that work.
This is because despite the fact that obtaining consent is optional, if consent is not obtained, it is much easier for the dissemination of the work to be restrained on a variety of grounds which could include:
(a) A violation of the right to privacy;
(b) A violation of the right of publicity;
(c) The infringement of copyright;
(d) Breach of contract;
(e) A violation of laws relating to obscenity;
(f) Defamation;
(g) Portrayal of the subject in false light; and
(h) A violation of other laws such as those relating to sedition, not hurting the religious sentiments of any caste/class and the maintenance of law and order. 


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