Song about a person currently alive : what to do about it

PhMarne

Hi everyone!

I wrote a song about a retired actress who's currently alive.

Not that the song is derogatory: it's just that I'm mainly addressing this person in the song, with all due respect.

I'm considering asking this person's permission before releasing the song: is it a bad idea?

Thank you all!

Klaus_T

i don't think you have to but i am not 100% sure

birdcherry

I don't think Adam Green asked Jessica Simpson's permission when he wrote his song "Jessica"

HumanRobot

HI

I have written a few songs based on peoples behaviours sometimes - Elton john wrote candle in the wind about marilyn monroe - and I wrote "Plastic Sally " lol about a women who has had a lot of plastic surgery but she doesn't exist as such . I would tread carefully though if you are gonna put someone under the microscope.

Human Robot

PhMarne

I don't mean to be rude to the person who inspired me this song, and I'm not keen on the media exposure that goes along with lawsuits: I will definitely contact the person before releasing the song. I guess I'll have to find her public relations agent.
Thanks for your advices!

PhMarne

I understand people do have image and personality rights, so I'd better respect them, too
I don't know if a song is considered speech protected by the 1st amendment, as long as it is not offensive for the person it depicts...

FretlessTheBard

Music is definitely considered protected speech in the US. Generally, your rights end when they infringe on another's rights or you incite a riot or something. If you're not slandering the person, and you're instead "singing their praises", so to speak, then you should be in the clear.

That said, if you respect the person, which it sounds like you do, then it doesn't hurt to let them know you're writing a song about them and the nature of the song. But technically I don't think you need permission.