QUESTION
I want to know if it would be possible to write a report for a academic journel about an individual named Christian Weston Chandler?
Asked on May 28th, 2012 on Intellectual Property - California
More details to this question:
The man and his horrific experiences are an exception insight in the relationship of the internet and the indivdual. I am curious if it would be considered legal for me to be able to write about him. I believe the he released is considered public domain now. There is a website (sonichu.com) where most of his experiences are listed. I want to confirm that there would be issue with copy right, public domain, or anything of that sort. If possible, I would like a reply before July of 2012, so I can confirm it with my advisor. Thank you.
2 ANSWERS
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The fact that things are on public display does not make them "public domain." The creator of any artistic work reduced to a medium has copyright in that work. There are additional considerations regarding rights of privacy. You should be discussing these matters with your advisor. A scholarly journal does provide some protection, but the amount that can be directly quoted as "fair use" and the degree to which the "author", Mr. Chandler wishes to protect his privacy are fine distinctions.
Answered on May 31st, 2012 at 12:36 PM
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As a general matter, the First Amendment guarantees your right to write truthful statements about another person and to publish them. While there are certain limitations on this right when your work is being used for advertising or trade purposes, writing an academic article about a person who appears to be something of a public figure involves relatively low risk.
Answered on May 28th, 2012 at 2:00 PM