Welch v. Penguin Books USA, Inc.

By MEG COX

ABSTRACT:

Authors and publishers win important court victory that could discourage people from suing when they believe fictional character resembles them and hurts their reputation; New York Supreme Court Judge Jules L Spodek rules that novelist Terry McMillan didn't commit libel even though there are striking similarities between her ex-boyfriend and character in her book 'Disappearing Acts'; McMillan's former companion, Leonard Welch, sued author and publishers of her book Penguin USA and Simon & Shuster's Pocket Books for $4,750,000 in damages.

COURT DECISIONS

• Decision of New York Supreme Court Dismissing the Case

MEDIA COVERAGE

• Los Angeles Times - Friction Over Fact Versus Fiction - 10/29/90
• Newsday - Art Imitates His Life, But It's Not Libel - 4/12/91
• The National Law Journal - New York Court Rules Novel Was Not Libelous - 4/22/91
• New York Law Journal - New York Courts Deal Blow To Claims Of Libel In Fiction - 5/7/91
• Entertainment Law Reporter - New York Court Dismisses "Libel In Fiction" Claim Against Author And Publisher Of Novel "Disappearing Acts" - 3/92