Ahoy there, scary precedent. With my newly-minted JD, courtesy of our “hostile takeover” by Dear Author Media Network on 1 April, I am free to offer my exceptionally sharp legal analysis of this case:
In a rare defamation case over a novel, the Georgia Court of Appeals has cleared the way for a suit by an Atlanta woman who claims an alcoholic, promiscuous character in the book “The Red Hat Clubâ€ too closely resembles her.
Vickie Stewart has sued local author Haywood Smith and St. Martin’s Press over Smith’s 2003 book about five red hat-wearing, middle-aged Buckhead ladies plotting revenge against the philandering husband of one of the group’s members. The book hit No. 15 on the New York Times best-seller list.
The “Red Hat Clubâ€ in the book resembles the real-life Red Hat Society, a group of women who wear red hats and purple clothes to embrace, according to the organization’s Web site, “fun after 50.â€ The site claims the society has 40,000 chapters around the world.
A disclaimer in the book says it is a work of fiction that has not been endorsed by the Red Hat Society…. Stewart, the plaintiff, says that unlike the “SuSuâ€ character in the book, she is not an atheist, a “right-wing reactionaryâ€ or a promiscuous alcoholic. But she says she bears too striking a resemblance to the character in other ways.
Here is my analysis: Holy shit.
Graceful curtsey to Theresa for the link.