By: Timothy Salley
BLUE BELL, PA--The Webster‘s Dictionary definition of copyright goes as follows: “The exclusive legal right, given to an originator or an assignee to print, publish, perform, film or record literary, artistic or musical material, and to authorize others to do the same.”
Copyright infringement occurs when someone other than the copyright holder copies the “expression” of a work. This means that the idea or information behind the work is not protected but how the idea is expressed is protected.
Seemingly since the beginning of time, artists of all types have been hit with major, if not minor, cases of copyright infringement. As an originator and creator, you own more than just the rights to reproduce works filed with the U.S. Copyright Office and infringement can occur with each right.
These rights include:
• The Right to Derivative Works:
This is the right to modify work to create new works. New work that is based off of an existing work is “derivative.” Copyright infringement here occurs if someone releases or remixes a song that you made without your consent.
• The Right to Distribution:
This is the right to distribute works to the public by sale, rental, lease or lending. Infringement occurs here when file-sharing web services violate distribution rights held by record labels.
• The Public Display Right:
This is the right to show a copy of the work directly to the public by hanging up a copy of the work in a public place, displaying it on a website, putting it on film, etc. Infringement occurs here if the someone other than the copyright holder offers a work for public display.
As media creators, our jobs are to understand and protect our rights to our personal works and not let copyright infringement take a toll. In understanding the many rights you obtain as a creator, specifically as an artist, whether you desire to be a logo designer or a musician, there are clear precautions you must take with protecting your work in order to sail smoothly within any mass media industry.
Saturday, December 13, 2014
News Values + Montco Radio = Great Concept
By: Justin Krauss
BLUE BELL, PA--News values in journalism and in every form of media are very important when it comes to storytelling. It is what defines your story. News values help writers get their news quickly, accurately and honestly.
In the twenty-first century, there have been many new ways in which people hear, see and read their news; including the internet, social media, newspapers, radio, television and magazines. According to the Associated Press, “In all media, we insist on the highest standards of integrity and ethical behavior when we gather and deliver news.”
Actualizing news values also means that authors do not plagiarize anything and that they “strive to identify all the sources of our information.”
There are seven basic steps that can help guide authors in writing a news article. They are impact, timeliness, prominence, proximity, bizarreness, conflict, and currency.
For students who are looking into being journalists, news values are very important for you. As a media student, you don’t want to be caught with plagiarism. You need to make sure you follow the basic guidelines and principles that the AP Statements of News Values offers. They need to follow AP guidelines so they can have an honest and accurate news article.
One of Montgomery County Community College’s most popular media outlets, Montco Radio, which is an internet radio station, a new show was recently started in which they are going to be broadcasting local news, news about Montco and will be promoting other Montco Radio shows.
This show would have lots of news value in it. But even though most shows are just doing music, they still have to use news values, especially if they have some interesting news about music that their listeners might find interesting.
In my opinion, if Montco Radio had a weekly show about news, what would make people listen to it is if it were satire. If the show was structured like Jon Stewart’s “Daily Show” or Stephen Colbert’s “Colbert Report,” people would listen because it would incorporate news values and comedy.
News Values are everything when writing a news article. News values determine whether an article is worthy to be distributed. News values are what get a story onto the airwaves, into a newspaper and on the internet.
BLUE BELL, PA--News values in journalism and in every form of media are very important when it comes to storytelling. It is what defines your story. News values help writers get their news quickly, accurately and honestly.
In the twenty-first century, there have been many new ways in which people hear, see and read their news; including the internet, social media, newspapers, radio, television and magazines. According to the Associated Press, “In all media, we insist on the highest standards of integrity and ethical behavior when we gather and deliver news.”
Actualizing news values also means that authors do not plagiarize anything and that they “strive to identify all the sources of our information.”
There are seven basic steps that can help guide authors in writing a news article. They are impact, timeliness, prominence, proximity, bizarreness, conflict, and currency.
For students who are looking into being journalists, news values are very important for you. As a media student, you don’t want to be caught with plagiarism. You need to make sure you follow the basic guidelines and principles that the AP Statements of News Values offers. They need to follow AP guidelines so they can have an honest and accurate news article.
One of Montgomery County Community College’s most popular media outlets, Montco Radio, which is an internet radio station, a new show was recently started in which they are going to be broadcasting local news, news about Montco and will be promoting other Montco Radio shows.
This show would have lots of news value in it. But even though most shows are just doing music, they still have to use news values, especially if they have some interesting news about music that their listeners might find interesting.
In my opinion, if Montco Radio had a weekly show about news, what would make people listen to it is if it were satire. If the show was structured like Jon Stewart’s “Daily Show” or Stephen Colbert’s “Colbert Report,” people would listen because it would incorporate news values and comedy.
News Values are everything when writing a news article. News values determine whether an article is worthy to be distributed. News values are what get a story onto the airwaves, into a newspaper and on the internet.
My Experience with Copyright Law and Social Media
By: Matt Hawkins
BLUE BELL, PA--Have you ever had an idea that you thought would make you rich or famous? What if that idea had been stolen from you? How would it affect you? Copyright infringement is a crime in the United States because, whether it is and idea or a product, it is stealing and taking credit for something that didn’t originally belong to the person who put into the public.
However, when I was a kid I ran into a similar problem with a major toy company, Mattel. Their main products are Hot Wheels and Barbie. When I was in fourth grade, I would buy, play and collect Hot Wheels. My favorite sets were the ones that came in the 5-pack. I came up with an idea that Mattel could make a 5-pack train set because after years of buying Hot Wheels cars, I hadn’t seen any trains. So I drew and designed the trains on a piece of paper, giving each one a style.
I then asked my mom to mail my completed drawings to Mattel to see if they would take them or not. I didn’t here anything from them for a long while until one day I got a letter back from them. The letter said they were glad to see I was so interested in their product. However, they were not allowed to take any ideas from outsiders; I would have to work for them. Despite the rejection, it didn’t stop me from buying, playing with or collecting Hot Wheels cars.
Fast forward to now. I still collect Hot Wheels cars but only the ones that are worth a lot of money. My ideas and inspirations have changed over the years with my growing reputation on Instagram, eBay and YouTube; my ideas cannot be taken because I have made a name for myself.
On Instagram, I am known for my custom painted Transformer toys and I have sold a few for $100 dollars or more. With eBay, I have been selling for two years now and I have a 99.9 percent positive feedback rating. As for my YouTube presence, I do stop motion videos, under the name “AznKidMatt,” with my Transformers toys and I have thousands of subscribers.
On Instagram, my followers know who I am and have pointed me to people who copy me claiming they made my videos or did my custom paint jobs. I use a digital watermark on my custom paint pictures so no one can screenshot it and claim it as their own.
As for Mattel, a about a year ago, I was at WalMart and saw some Hot Wheel cars. To my surprise, I saw these new two packs of trains next to them and I thought to myself, “They took my idea.” I can not confirm that, I’m just going on the belief of great minds think alike. I was not an employee of Mattel so my idea could not be spread. The technology was limited back when I was in fourth grade but now anyone can share their ideas and thoughts.
I have a few new ideas I can’t wait to reveal on Instagram, eBay and YouTube when the time is right.
BLUE BELL, PA--Have you ever had an idea that you thought would make you rich or famous? What if that idea had been stolen from you? How would it affect you? Copyright infringement is a crime in the United States because, whether it is and idea or a product, it is stealing and taking credit for something that didn’t originally belong to the person who put into the public.
However, when I was a kid I ran into a similar problem with a major toy company, Mattel. Their main products are Hot Wheels and Barbie. When I was in fourth grade, I would buy, play and collect Hot Wheels. My favorite sets were the ones that came in the 5-pack. I came up with an idea that Mattel could make a 5-pack train set because after years of buying Hot Wheels cars, I hadn’t seen any trains. So I drew and designed the trains on a piece of paper, giving each one a style.
I then asked my mom to mail my completed drawings to Mattel to see if they would take them or not. I didn’t here anything from them for a long while until one day I got a letter back from them. The letter said they were glad to see I was so interested in their product. However, they were not allowed to take any ideas from outsiders; I would have to work for them. Despite the rejection, it didn’t stop me from buying, playing with or collecting Hot Wheels cars.
Fast forward to now. I still collect Hot Wheels cars but only the ones that are worth a lot of money. My ideas and inspirations have changed over the years with my growing reputation on Instagram, eBay and YouTube; my ideas cannot be taken because I have made a name for myself.
On Instagram, I am known for my custom painted Transformer toys and I have sold a few for $100 dollars or more. With eBay, I have been selling for two years now and I have a 99.9 percent positive feedback rating. As for my YouTube presence, I do stop motion videos, under the name “AznKidMatt,” with my Transformers toys and I have thousands of subscribers.
On Instagram, my followers know who I am and have pointed me to people who copy me claiming they made my videos or did my custom paint jobs. I use a digital watermark on my custom paint pictures so no one can screenshot it and claim it as their own.
As for Mattel, a about a year ago, I was at WalMart and saw some Hot Wheel cars. To my surprise, I saw these new two packs of trains next to them and I thought to myself, “They took my idea.” I can not confirm that, I’m just going on the belief of great minds think alike. I was not an employee of Mattel so my idea could not be spread. The technology was limited back when I was in fourth grade but now anyone can share their ideas and thoughts.
I have a few new ideas I can’t wait to reveal on Instagram, eBay and YouTube when the time is right.
Does Privacy Exist?
By: Ciara Cipriano
BLUE BELL, PA--As the expectation for education rises, students have found themselves surfing the web in order to develop their work and complete their assignments. As they find themselves searching for sources, applying for jobs and networking through social media, they often forget that the internet tracks and documents their every move. Since we rely on the internet for so much of what we do, we have come to a point where we have to ask ourselves, "Is there really such thing as internet privacy?"
Internet privacy has been described in many different ways due to its relation to online users as well as the technologies and techniques that are being used. According to Definitions.net, internet privacy is categorized into Non-Personally Identifiable Information and Personally Identifiable Information.
This information “involves the right or mandate of personal privacy concerning the storing, repurposing, provision to third-parties and displaying of information pertaining to oneself via the internet.” But what does this mean to students and how should they protect themselves?
There are two big differences between Non-Personally Identifiable Information and Personally Identifiable Information. Non-Personally Identifiable Information is known as the information that is documented based off of a website's visitor activity. This information creates interactions based off of an individual’s search activity or pages viewed. Although this information may seem somewhat invasive, it is typically gathered through site visits and selections which are typically geared towards marketing and sales tactics.
Personally Identifiable Information is a very different story. According to "Media Today," Personally Identifiable Information is known as “the name, portal address or any other information that allows tracking down a specific person who owns a device.” This information enables outside sources to locate individuals, ultimately putting them at risk to those outside sources. Often it is also unintentionally revealed through social media, search engines and databases and has the power to jeopardize an individual’s personal life, education, career and, most importantly, safety.
Overall, in order for students to avoid these common situations, there is something they must know. An internet user’s foot print is everywhere. So don’t put anything online that you wouldn’t put on an open post card and always remember, there is no such thing as internet privacy.
BLUE BELL, PA--As the expectation for education rises, students have found themselves surfing the web in order to develop their work and complete their assignments. As they find themselves searching for sources, applying for jobs and networking through social media, they often forget that the internet tracks and documents their every move. Since we rely on the internet for so much of what we do, we have come to a point where we have to ask ourselves, "Is there really such thing as internet privacy?"
Internet privacy has been described in many different ways due to its relation to online users as well as the technologies and techniques that are being used. According to Definitions.net, internet privacy is categorized into Non-Personally Identifiable Information and Personally Identifiable Information.
This information “involves the right or mandate of personal privacy concerning the storing, repurposing, provision to third-parties and displaying of information pertaining to oneself via the internet.” But what does this mean to students and how should they protect themselves?
There are two big differences between Non-Personally Identifiable Information and Personally Identifiable Information. Non-Personally Identifiable Information is known as the information that is documented based off of a website's visitor activity. This information creates interactions based off of an individual’s search activity or pages viewed. Although this information may seem somewhat invasive, it is typically gathered through site visits and selections which are typically geared towards marketing and sales tactics.
Personally Identifiable Information is a very different story. According to "Media Today," Personally Identifiable Information is known as “the name, portal address or any other information that allows tracking down a specific person who owns a device.” This information enables outside sources to locate individuals, ultimately putting them at risk to those outside sources. Often it is also unintentionally revealed through social media, search engines and databases and has the power to jeopardize an individual’s personal life, education, career and, most importantly, safety.
Overall, in order for students to avoid these common situations, there is something they must know. An internet user’s foot print is everywhere. So don’t put anything online that you wouldn’t put on an open post card and always remember, there is no such thing as internet privacy.
Thursday, December 11, 2014
Internet and Privacy
By: Shabana Aqil
BLUE BELL,PA--Media industries are using internet privacy as their opportunity to bring advertising money into their businesses. According to Joseph Turow, in our society we have become so interactive that it has become a major problem. We have the ability to access information like e-mails, Facebook, Twitter and our bank accounts on our portable devices. Having our information so readily available allows employers and the government access to personal information, gain more knowledge of who we are and learn more than we would like them to know.
The concern about privacy became recognized in the 1970’s when companies like Experian, Equifax, Acxiom and Choice point began to sell personal information, allowing marketers to use their universal database to pursue potential customers. When the World Wide Web was put into mass use in the 1990’s, marketers immediately used the internet to their advantage, accelerating privacy concerns to a feverish pace. Marketers were now able to instantly access personally identifiable information to acquire names, postal addresses and other details that helped them find a specific person and target that person’s most personal desires.
Joseph Turow states, “If there is no registered information available, marketers can display ads that peaks an individual’s interest.” Through the information provided, this marketing tactic is then linked to internet cookie data. This data enables marketers to get personally identifiable information.
As student media creators, we should have the right to know who has access our personally identifiable information and whether we want that or any information out for the public to use.
Privacy advocates say that there are two ways to monitor your personal information. The first way is known as the opt-out approach. By selecting this option, marketers are permitted to collect personal information from consumers as long as they inform them of what they are doing and give them the opportunity to refuse. Another way to keep your information safe is known as the opt-in approach. By using this option, marketers cannot have the ability or right to collect information about you unless you explicitly indicate that it is all right for them to do so.
We have the right to have privacy. Don’t let anyone know more than they have the right to know.
BLUE BELL,PA--Media industries are using internet privacy as their opportunity to bring advertising money into their businesses. According to Joseph Turow, in our society we have become so interactive that it has become a major problem. We have the ability to access information like e-mails, Facebook, Twitter and our bank accounts on our portable devices. Having our information so readily available allows employers and the government access to personal information, gain more knowledge of who we are and learn more than we would like them to know.
The concern about privacy became recognized in the 1970’s when companies like Experian, Equifax, Acxiom and Choice point began to sell personal information, allowing marketers to use their universal database to pursue potential customers. When the World Wide Web was put into mass use in the 1990’s, marketers immediately used the internet to their advantage, accelerating privacy concerns to a feverish pace. Marketers were now able to instantly access personally identifiable information to acquire names, postal addresses and other details that helped them find a specific person and target that person’s most personal desires.
Joseph Turow states, “If there is no registered information available, marketers can display ads that peaks an individual’s interest.” Through the information provided, this marketing tactic is then linked to internet cookie data. This data enables marketers to get personally identifiable information.
As student media creators, we should have the right to know who has access our personally identifiable information and whether we want that or any information out for the public to use.
Privacy advocates say that there are two ways to monitor your personal information. The first way is known as the opt-out approach. By selecting this option, marketers are permitted to collect personal information from consumers as long as they inform them of what they are doing and give them the opportunity to refuse. Another way to keep your information safe is known as the opt-in approach. By using this option, marketers cannot have the ability or right to collect information about you unless you explicitly indicate that it is all right for them to do so.
We have the right to have privacy. Don’t let anyone know more than they have the right to know.
Watch What You Say
By: Serenity Lopez
BLUE BELL, PA--Practically everyone that can access the internet has, or has had, a Facebook account. Facebook allows us to connect with long-lost friends, share pictures of a recent vacation and to share ideas with your peers. It also provides a place for people to bully or threaten others, as well as a place to spread one's own racist or discriminatory values to a wide audience.
Facebook and other social media sites are extremely new and we are still learning how to exercise our First Amendment rights without stepping on someone’s toes. Beyond a girlfriend getting mad at her boyfriend for posting a picture with another girl and family members fighting because one saw pictures of a dinner they were not invited to, there are serious problems with Facebook and our First Amendment rights.
In 2010, Anthony Elonis was prosecuted after having posted what were believed to be threats against his wife on Facebook. Elonis’s wife had recently left him and as an aspiring rapper, he took to Facebook for solace and posted rap lyrics that were explicit and violent. His wife saw these posts as direct threats and took them to the police. Elonis argued that they were meaningless song lyrics, however the court thought otherwise. Elonis was sentenced to 44 months in prison.
Another case involving Virginia Sheriff Deputy Daniel Ray Carter Jr. showed that simply pressing the “Like” button was another form of exercising his First Amendment right. A group of fellow deputies were not happy with the reigning Sheriff, so they took to Facebook so show their displeasure. They “liked” the Facebook page of Jim Adams, the man running against incumbent Sheriff B.J. Roberts. When Roberts won, he then fired Carter and five others.
Carter took the case to court saying that it was unjust to fire him and cited his First Amendment rights as his defense. In 2012, the case was rejected becasue the court did not agree that pressing the “Like” button on Facebook was a form speech, thus not covered by the First Amendment. This ruling was changed the following year. In 2013, the court decided that pressing the “Like” button was in fact covered by the First Amendment because it could be seen as a form of assembly.
Facebook gives us a great freedom. We may think that there are no consequences to what we post but we must be careful what we say and know our rights.
BLUE BELL, PA--Practically everyone that can access the internet has, or has had, a Facebook account. Facebook allows us to connect with long-lost friends, share pictures of a recent vacation and to share ideas with your peers. It also provides a place for people to bully or threaten others, as well as a place to spread one's own racist or discriminatory values to a wide audience.
Facebook and other social media sites are extremely new and we are still learning how to exercise our First Amendment rights without stepping on someone’s toes. Beyond a girlfriend getting mad at her boyfriend for posting a picture with another girl and family members fighting because one saw pictures of a dinner they were not invited to, there are serious problems with Facebook and our First Amendment rights.
In 2010, Anthony Elonis was prosecuted after having posted what were believed to be threats against his wife on Facebook. Elonis’s wife had recently left him and as an aspiring rapper, he took to Facebook for solace and posted rap lyrics that were explicit and violent. His wife saw these posts as direct threats and took them to the police. Elonis argued that they were meaningless song lyrics, however the court thought otherwise. Elonis was sentenced to 44 months in prison.
Another case involving Virginia Sheriff Deputy Daniel Ray Carter Jr. showed that simply pressing the “Like” button was another form of exercising his First Amendment right. A group of fellow deputies were not happy with the reigning Sheriff, so they took to Facebook so show their displeasure. They “liked” the Facebook page of Jim Adams, the man running against incumbent Sheriff B.J. Roberts. When Roberts won, he then fired Carter and five others.
Carter took the case to court saying that it was unjust to fire him and cited his First Amendment rights as his defense. In 2012, the case was rejected becasue the court did not agree that pressing the “Like” button on Facebook was a form speech, thus not covered by the First Amendment. This ruling was changed the following year. In 2013, the court decided that pressing the “Like” button was in fact covered by the First Amendment because it could be seen as a form of assembly.
Facebook gives us a great freedom. We may think that there are no consequences to what we post but we must be careful what we say and know our rights.
ESRB: It Works, Except When It Doesn’t
By: Dave Leva
BLUE BELL, PA--Assuming common sense and good parentage, you wouldn’t sit your toddler down to watch “The Godfather” with you. It’s an incredibly graphic film, clearly not meant for a human being of that age (it’s still a fantastic film, but I digress). The Motion Picture Association of America’s film rating system makes sure your little one doesn’t see a film like this. Video games developers do the same thing, with the ESRB rating system.
The Entertainment Software Rating Board is still a pretty recent innovation. It is only about 20 years old. But the role of game ratings in the video game industry is vital. They keep incredibly graphic video games away from kids that aren’t supposed to be playing them. Wouldn’t it be nice if this actually worked?
I worked at GameStop for over a year, between the 2012 and 2013 holiday seasons. It was a highly stressful job, especially when hot new games or gaming systems were launched, but I enjoyed working there. One thing that always peeved me, though, was selling M-Rated games. The ESRB’s “M for Mature” rating is like a movie’s R-rating: 18 and older.
I’d have a little boy walk up to the counter holding the new Grand Theft Auto V; this kid clearly wouldn’t hit puberty for a few more exits on the road of life. This is a game with seven Content Descriptors to tell you what’s inside. Intense Violence, Blood and Gore, Nudity, Mature Humor, Strong Language, Strong Sexual Content and Use of Drugs and Alcohol. That’s seven big red flags for the parent who, when I tell them all this and ask if they’re sure this is right for their child (as was my job), shrugs and says, “Yeah, I guess.”
The ESRB ratings don’t mean anything to parents anymore. It’s just become something to keep the kids distracted. The moment the retailer sells the game, rating law goes out the window with it. And just how do you regulate something like that? You can’t tell people what to do in their own homes. The system works just fine, and yet, it doesn’t work at all.
BLUE BELL, PA--Assuming common sense and good parentage, you wouldn’t sit your toddler down to watch “The Godfather” with you. It’s an incredibly graphic film, clearly not meant for a human being of that age (it’s still a fantastic film, but I digress). The Motion Picture Association of America’s film rating system makes sure your little one doesn’t see a film like this. Video games developers do the same thing, with the ESRB rating system.
The Entertainment Software Rating Board is still a pretty recent innovation. It is only about 20 years old. But the role of game ratings in the video game industry is vital. They keep incredibly graphic video games away from kids that aren’t supposed to be playing them. Wouldn’t it be nice if this actually worked?
I worked at GameStop for over a year, between the 2012 and 2013 holiday seasons. It was a highly stressful job, especially when hot new games or gaming systems were launched, but I enjoyed working there. One thing that always peeved me, though, was selling M-Rated games. The ESRB’s “M for Mature” rating is like a movie’s R-rating: 18 and older.
I’d have a little boy walk up to the counter holding the new Grand Theft Auto V; this kid clearly wouldn’t hit puberty for a few more exits on the road of life. This is a game with seven Content Descriptors to tell you what’s inside. Intense Violence, Blood and Gore, Nudity, Mature Humor, Strong Language, Strong Sexual Content and Use of Drugs and Alcohol. That’s seven big red flags for the parent who, when I tell them all this and ask if they’re sure this is right for their child (as was my job), shrugs and says, “Yeah, I guess.”
The ESRB ratings don’t mean anything to parents anymore. It’s just become something to keep the kids distracted. The moment the retailer sells the game, rating law goes out the window with it. And just how do you regulate something like that? You can’t tell people what to do in their own homes. The system works just fine, and yet, it doesn’t work at all.
Monday, December 1, 2014
Scarlett Johannson, a Book and How to Avoid Defamation
By: Thomas Kraft
BLUE BELL, PA--Defamation is defined as damaging the good reputation of someone; also known as slander or libel. When one party defames another, said party can be brought to court and sued where, if found guilty, they will typically pay damages to the defamed while sometimes also facing punitive repercussions depending on the severity of the defamation.
The most recent of defamation cases was with actress Scarlett Johansson and French novelist, Grégoire Delacourt, who used Johansson’s likeness in his most recent novel, "La Premiere Chose qu'On Regarde" (The First Thing We Look At). Although the character in the book was only described as looking like Johansson she felt that her presence in the book was inappropriate as this particular female character had many affairs. For these reasons, she sued the author.
The judge ruled in Johansson’s favor demanding she be paid for lawyer fees and damages which was only 10 percent of what she originally requested. How did she win the case, you may ask?
It’s simple, really. She’s a large public figure and her likeness is worth something. In legal terms, however, she sued Delacourt for making false claims about her private life and exploiting her image. The judge threw out the latter charge because there wasn’t sufficient evidence to uphold the claim of exploitation.
So, how can you avoid being sued for defamation? One author, Michael Crichton, depicted one of his characters, Mick Crowley, almost identically to New Republic columnist Michael Crowley after Crowley bashed one of Crichton’s novels in a column. There was only one brilliant thing that Crichton decided to do. He described the character Mick Crowley as having a small penis. That way, if Crowley had sued for defamation, he would be admitting to having a small penis. An interesting, yet effective, loophole to say the least.
Another effective way to avoid a lawsuit for defamation is to simply leave major public figures out of your fictional stories and stick straight to fact with non-fictional stories about them. The only way that someone would have a case against you for defamation is to slander or libel his or her name for something that didn’t happen.
BLUE BELL, PA--Defamation is defined as damaging the good reputation of someone; also known as slander or libel. When one party defames another, said party can be brought to court and sued where, if found guilty, they will typically pay damages to the defamed while sometimes also facing punitive repercussions depending on the severity of the defamation.
The most recent of defamation cases was with actress Scarlett Johansson and French novelist, Grégoire Delacourt, who used Johansson’s likeness in his most recent novel, "La Premiere Chose qu'On Regarde" (The First Thing We Look At). Although the character in the book was only described as looking like Johansson she felt that her presence in the book was inappropriate as this particular female character had many affairs. For these reasons, she sued the author.
The judge ruled in Johansson’s favor demanding she be paid for lawyer fees and damages which was only 10 percent of what she originally requested. How did she win the case, you may ask?
It’s simple, really. She’s a large public figure and her likeness is worth something. In legal terms, however, she sued Delacourt for making false claims about her private life and exploiting her image. The judge threw out the latter charge because there wasn’t sufficient evidence to uphold the claim of exploitation.
So, how can you avoid being sued for defamation? One author, Michael Crichton, depicted one of his characters, Mick Crowley, almost identically to New Republic columnist Michael Crowley after Crowley bashed one of Crichton’s novels in a column. There was only one brilliant thing that Crichton decided to do. He described the character Mick Crowley as having a small penis. That way, if Crowley had sued for defamation, he would be admitting to having a small penis. An interesting, yet effective, loophole to say the least.
Another effective way to avoid a lawsuit for defamation is to simply leave major public figures out of your fictional stories and stick straight to fact with non-fictional stories about them. The only way that someone would have a case against you for defamation is to slander or libel his or her name for something that didn’t happen.
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