Partner Lee Brenner co-authored the chapter, “Real Characters: Lawsuits Claiming Libel in Fiction are Decided on the Basis of Whether the Work is ‘of and concerning’ the Plaintiff” in the Entertainment, Publishing and Arts Handbook (2012). This highly respected, leading, comprehensive treatise on entertainment and communications law is the twenty-ninth issue in an annual series. The handbook’s purpose is to provide articles on the latest developments in the expanding legal field of entertainment, publishing, and the arts.
The chapter authored by Kelley Drye attorneys analyzes case law and pitfalls for writers and producers of fictional works inspired by real-life people. It reviews law in both California and New York jurisdictions, explaining the elements required of plaintiffs’ claims, the defenses and the how courts have determined decisions. It was originally published as an article in Los Angeles Lawyer (May 2012).
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