So there is a law preventing criminals from profiting from their crimes, right? That law extends to criminals selling their stories for profit also, doesn't it?
So how do movies like "American Gangster" get made? Can they even consult with the confict? Do you have to wait until your jail term is served, or does it extend forever? Is there a statute of limitations (I learned that on law and order)?
Lawyers, assemble!
That's not a federal law, or the law in all states. It *is* the law in New York (sort of), which passed the first such law. Such laws are sometimes referred to as "Son of Sam laws", since the first such law (I believe) was passed to prevent Berkowitz from profiting.
Basically, the gist of it is this: the Supreme Court held that it violates the First Amendment to prevent a criminal from telling their story, as they have freedom of speech and of the press. Therefore, states can't necessarily prevent criminals from writing books, movie scripts, etc. What states *have* been allowed to do so far is require that criminals give notice to victims whenever they are signing a book deal for more than a set amount (in NY, $10,000), and then give the victims the opportunity to sue the criminal for those damages.
As mentioned, not all states have such laws, allowing criminals to write and publish whatever they want. Victims still may have the right to sue for damages, but it's not automatic (i.e., there may be a statute of limitations that ran, etc.)
Here's a good resource:
Link.
Topic: Question for Lawyers (Read 2374 times)