I'm thinking on "books" like this http://www.amazon.com/Trump-Temptation-The-Billionaire-Bellboy-ebook/dp/B01AX111Q2 or http://www.amazon.com/GAY-EROTICA-Billionaire-Political-Millionaire-ebook/dp/B01B9SJLDS/
How is that legal? Even using his picture as part of the cover....
Satire is legal. Or lampooning. So long as the fictional character cannot in any way be based on reality, but purely in a manner humor, even in bad taste, the story is fine.
The People vs Larry Flynt is the precedent.
Ironically, or not, the Westboro Baptist Church also uses The People vs Larry Flynt to allow them to spew their non-sense.
^ perhaps ironic, definitely funny.
I think someone on this site published a story about a famous actor buying a diamond that was smuggled in the ass of a kid adopted by another famous actor.
Satire is a fair use defense, but it doesn't mean that you won't get sued over it.
Scarlett Johansson won a case against a French author for using a character based on her. Mick Garris uses a ton of celebrities in Development Hell. Sometimes, I wonder how he got away with it. Palahniuk dropped names left and right in Tell-All, but he definitely writes satire.
It's never safe, by any means. Likenesses on covers makes it even worse. With the Gronk erotica or the Trump stuff, if they wanted, they could sue the holy hell out of the writers. They may lose, but the defendent would spend so much time and money in court that it wouldn't feel like much of a victory.
I guess this is where the saying, "Fuck'em if they can't take a joke," applies.
I think someone on this site published a story about a famous actor buying a diamond that was smuggled in the ass of a kid adopted by another famous actor.
That one's mine.
^ Are you sure it was fiction? (Explains so much...)
Varies by nation/location.