Not Trash

by admin on Sunday, June 12th, 2011 | Comments Off

Not Trash

Not+Trash
Is it possible to be sued for songs you write?

Lets say I wrote a few songs about a girl and some experiences we shared and it can be proven that the songs are about her. If they become famous or whatever, can she sue me for something? What is the likely hood she would have a good case to benefit? Also, these songs are not trash talk bad songs. More about our relationship, feelings and events. Thanks!

The legal question here is whether you appropriated the image of your friend and abridged her right to publicity.
Considering you are using the song for artistic expression, you would win any lawsuit brought forth.

""To make out a publicity rights claim under the common law, a plaintiff must plead and prove that a defendant "(1) used plaintiff’s identity; (2) appropriated plaintiff’s name and likeness to defendant’s advantage, commercial or otherwise; (3) lack of consent; and (4) resulting injury.” Eastwood v. Super. Ct., 149 Cal. App. 3d 409, 417 (1983). To establish the statutory cause of action in California, the plaintiff must also show knowing use of the plaintiff’s name, photograph or likeness for commercial purposes, and a direct connection between the use and the commercial purpose. Id. at 417-18; see also Michaels v. Internet Entmt. Group, Inc., 5 F. Supp.2d 823, 837 (C.D. Cal. 1998). New York’s section 51, however, “consists of only two elements: the commercial use of a person’s name or photograph and the failure to procure the person's written consent for such use.” Shamsky v. Garan, Inc., 167 Misc.2d 149 (Sup. Ct. 1995).""