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Q&A Writing a Novel based on a Self-help Guide Book

A real-life case of this (not a self-help book but a cookbook) is the book (and movie) Julie and Julia: 365 Days, 524 Recipes, 1 Tiny Apartment Kitchen. Julie Powell's book is about her experienc...

posted 5y ago by Cyn‭  ·  last activity 4y ago by System‭

Answer
#4: Attribution notice removed by user avatar System‭ · 2019-12-20T00:40:41Z (over 4 years ago)
Source: https://writers.stackexchange.com/a/43786
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#3: Attribution notice added by user avatar System‭ · 2019-12-08T11:25:50Z (over 4 years ago)
Source: https://writers.stackexchange.com/a/43786
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision by (deleted user) · 2019-12-08T11:25:50Z (over 4 years ago)
A real-life case of this (not a self-help book but a cookbook) is the book (and movie) _[Julie and Julia: 365 Days, 524 Recipes, 1 Tiny Apartment Kitchen](https://www.goodreads.com/book/show/13747.Julie_and_Julia?from_search=true)_.

Julie Powell's book is about her experiences of making every recipe in Julia Child's classic _[Mastering the Art of French Cooking](https://www.goodreads.com/book/show/129650.Mastering_the_Art_of_French_Cooking?ac=1&from_search=true)_. It's told in a novel-like style, though it is nonfiction.

As it happens, someone has written about the legal ramifications. First, the basic [copyright issue](https://www.guidethroughthelegaljungleblog.com/2008/01/are-recipes-cop.html). In this case with recipes, but also with idea. The conclusion is that, no, using the recipes and the ideas in Child's book is not a copyright violation.

Second, is a legal issue called "[right of publicity](https://www.guidethroughthelegaljungleblog.com/2008/01/more-legal-issu.html)." This conclusion is that there is a possible but unlikely potential violation requiring permission. But that Child's death also made the problem a lot less important. Here, the issue is using the name and persona of the first author to promote the book of the second.

So you have two choices:

1. Write the book and let your publisher (or your lawyer if you self-publish) work out the details before publication.
2. Get permission ahead of time.
#1: Imported from external source by user avatar System‭ · 2019-03-19T22:24:01Z (about 5 years ago)
Original score: 1