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Can Balaji Viswanathanbe sued for using
Tendulkar's name in promoting his forthcoming
book, From Tryst to Tendulkar - The History ofIndependent India?
8 Answers
From Tryst ToTendulkar (2014book)
Balaji Viswanathan
Sachin Tendulkar
Historical India
India
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Navin Nikunj
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As someone involved in publishing, I fou nd this an interesting a nd even a fair
question.
I believe Balaji Viswanathanis correct in that he can use Tendulkar in the title,
but not for the reasons he described. N ews reporting and reviews are an
entirely different beast than book titles. In most countries, news reporting and
commentary is protected from liability on matters of public interest. A person
cannot object to their name being used in a report (which is why newspapers
can speak about politicians and sportsmen, even critically, without fear of
being sued).
With books, it is more of a grey area, and can come down to the law in thecountry where the book is published. From what I have read, there are several
Archie D'Cruz, Have never *not* been involved in publishing
6k Views Upvoted by Balaji Viswanathan, Indian by Birth. Indian by Thought.
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reasons why Balaji appears to be on safe ground. (I say appears because I am
not a lawyer, but am basing my answer on interpretations of what I am reading
on legal sites).*
This book is a documentary, and not a work of fiction
It does not (to my knowledge) defame Sachin Tendulkar in any way
It does not use his photograph on the cover (which might be considered
endorsement)
Tendulkar, from what I can tell, is not a registered brand mark in the
United States where the book is presumably being published**
The name is not being used in the title for commercial purposes (i.e. to sell
a product other than the book itself).
The most specific explanation I could find of what is permitted when using a
celebritys name in a book title comes from the law offices of Lloyd J. Jassin,
and I quote from his website, http://www.copylaw.com ***
Use of Famous Names in Titles
Unauthorized Biographies: The First Amendment is thepatron saint
and protector of unauthorized biographies. Consequently, a well-known
person cannot stop the use of his or her name in the title of an unauthorized
biographical work solely on trademark precepts. The protection of the right
of free expression is so important that even where a right of publicity isrecognized (the right to commercial uses of one's name and image), the
public's right to know what prominent people have done or what has
happened to them is generally indulged.
The general rule is that as long as use of the celebrity's name is a literary or
expressive use (i.e., primarily editorial), and not a disguised advertisement
for the sale of goods or services (e.g., cookbooks), permission is not required.
Edited to add:
http://www.copylaw.com/ -
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I have found at least nine other books that use "Sachin Tendulkar" or just his
first or last names in the book title, including one by Ayaz Memon, a writer I
have worked with in the past. Here's the link: Sachin Tendulkar: The Man
Cricket Loved Back - The world's best writers on India's biggest sporting
legend
Links and further reading:
*When to Use a Release
*Page on missouri.edu
**http://tmsearch.uspto.gov/
***http://www.copylaw.com/new_artic...
Updated 20 Nov 2014 View Upvotes
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Upvote Downvote Comments 2+ Share46
If a newspaper comes with a headline - "Tendulkar scored a century" - do you
think the paper asks permission from Sachin Tendulkar's brand managers?
Can you say "Sachin Tendulkar got out?" Can you write an article criticizing
Google's products? Can you write an article praising Sony without taking
permission from their marketing team? Can you write a movie review on
"Interstellar" without taking the permission of Christopher Nolan? Can you
write a book on Nolan's movies?
There are 4 reasonswhy I used Tendulkar's name for the book title:
1. India's biggest economic event came in 1991. It opened up the country and
changed the nation. Sachin's biggest event came in 1991 tour of Australia.In fact, a big chunk of the initial pages are about drawing parallels
between Indian economy and Sachin's career. The broader goal for the
book is to get p eople excited about h istory and see it through entertaining
analogies.
2. I divide India's history into two parts - the first 3 decades of Nehruvian
politics and last 3 decades that looks very different from Nehru's India.
Sachin was born in 1973 right at the end of the first era. Thus, I found it
very comfortable to logically d ivide - Tryst(Nehru's speech in 1947) for
first era and Tendulkar for the second era.
3. Indians are passionate and often united about two things - Politics and
Cricket. These two make people scream [and thus I have a screaming
woman for the cover]. Most Ind ian historians foc us mainly on the politics
part. I want to provide a more broader view and deliberately added sports
in the title. Tryst stands for politics and Tendulkar stands for Cricket.
Again, India is driven by personalities and find Nehru & Sach in impacting
a big chunk of their era.
4. The book covers the time betweenAugust 1947 and December 2013.
Nehru gave his "Tryst with Destiny" speech on August 15, 1947 and thus it
Balaji Viswanathan, History buff
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Upvote Downvote Comments 28+ Share 4
acts as the starting point. Sachin Tendulkar retired in the end of 2013 -
and marks the ending part of the book's era.
There are 4 reasonswhy I don't fear a lawsuit:
1. The book doesn't defame Sachin in any way. Rather it talks about him in
a completely positive way. People seldom complain about getting on the
history books, especially in a positive sense.
2. The book doesn't suggest or imply any kind of Sachin endorsement. For
instance, if I wrote a book on "Sachin Tendulkar suggested Batting
strokes" I might get into trouble. Also, I'm not selling a Cricket bat or
anything that might confuse with Sachin's brand.
3. There are enough reasons why his name was used in the book title as I
explained above. Thus, I can bring a creative defense based on relevance.
4. This book is a history book and about facts and events. Historically, history
books and documentaries carried as much freedom of speech
protection as news articles.
In summary, if I were trying to promote a Cricketing goods company or if I
were trying to defame any of Sach in's brands, there is a potential lawsuit. In
this case my lawyer has not said anything like that and I would continue to
use. it. There is a strong rationale for why I want to use Sachin Tendulkar's
name in the title and if in the totally unlikely event of this being sued, it could
be a landmark case on "Freedom of Speech" protections in India [making thebook itself to get on h istory books].
Updated 17 Nov 2014 View Upvotes Asked to answer by Siddharth Nandecha
2.2k
Anybody can sue anybody in India. But the chances of winning will
be ZERO in this case. 'Tendulkar' is not a registered surname nor is it
Ashutosh Jadhav, Full2 Desi!!
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protected by any copyright laws for anywhere to infringe. In fact, there is
another famous Tendulkar that you should know of (actually there are many).
Sachin's father himself (Mr. Ramesh Tendulkar) was a famous marathi poet.
And there are many oth ers.
1) Mr. Vijay Tendulkar
Vijay Tendulkar(Marathi: ) (6 January 1928 19 May 2008)was a leading Indian playwright, movie and television writer, literary
essayist, political journalist, and social commentator primarily in Marthi .
He is best known for his plays Shantata! Court Chalu Aa he (1967),
Ghshirm Kotwl (1972), andSakhrm Binder (1972). Many of
Tendulkar's plays derived inspiration from real-life incidents or social
upheavals, which provides clear light on harsh realities. He provided his
guidance to students studying "playwright writing" in US universities. For
over five decades Tendulkar had been a highly influential dramatist and
theatre personality in Mahrshtra .
His daughter 2) Priya Tendulkar -
http://en.wikipedia.org/wiki/Priya_Tendulkarhttp://en.wikipedia.org/wiki/Mah%C4%81r%C4%81shtrahttp://en.wikipedia.org/wiki/Sakh%C4%81r%C4%81m_Binderhttp://en.wikipedia.org/wiki/Gh%C4%81shir%C4%81m_Kotw%C4%81lhttp://en.wikipedia.org/wiki/Shantata%21_Court_Chalu_Aahehttp://en.wikipedia.org/wiki/Mar%C4%81thihttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Vijay_Tendulkar -
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Priya Tendulkar (19542002)[1] was an Indian actress,[2] social
activist and a writer, who is most known for her eponymous role in the
television seriesRajani (1984).
And there are many suc h Tendulkars who have mad e their name in different
fields. Anybody can use their names. As Balaji sir has already told, he cannot
be sued for writing about h istory.
Written 16 Nov 2014 View Upvotes
3
While Balaji has properly stated all the reason I only wish to add the legal
aspect.
Sachin Tendulkar's name is a public property. He had this name before he
became sachin tendulkar. His name is a public property and is free to be
used for all legal purposes which do not harm his reputation. The book as
written by Balaji is quite clear when it tells in the subtitle itself tha t is about
India's history. In his book's title tendulkar is not a person but a historicalevent.
Suyash Manjul, We the People of India....
778 Views Upvoted by Balaji Viswanathan, Indian by Birth. Indian by Thought.
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Sachin has already trademarked STand that is something which cannot be
used right away without permission. Tendulkar is a surname that is used by
quite a lot of people in Maharashtra.
You c annot play international cricket without BCCI's p ermission but tha t does
not mean that you cannot discuss it. Sachin Tendulkar's name is not an
intellectual property, neither are his records nor are the coinciding events.
Further, Indian courts do not recognize celebrity rights unless they harm the
reputation of the person concerned.
I am sure any lawsuit if ever initiated will fail miserably.
I know several authors that have not only used the names of people in their
title but have written complete books about those people without ever taking
permission from them. They never faced a lawsuit.
Written 18 Nov 2014 View Upvotes
9
No
He cannot be sued
Sachin Tendulkar, in addition to being an individual, is also a phenomenon
His career coincided with two important phases in history
1. One day internationals. ODI grew with Sachin and as he retired T20 have
come to prominence.
2. The post 1990 liberalisation globalisation privatisation impact also coincided
with Sachin
If some one wants to trace growth of ODIs he cannot ignore Richards, Kapil,
Sachin
Same way
Bruno Mascarenhas, Assistant Professor of Neurosurgery, Author of
Medical Books, Blogger, Web De...
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If some one wants to write indian history of second half of 20th century sachin
cannot be avoided
I know sachin haters will not like this answer, but this is the hard truth
I find the title being correct and in fact acknowledging the phenomenon called
Sachin
Written 17 Nov 2014 View Upvotes
2
Upvote Downvote Comments 1+ Share
Oh yes! Mr Vishwanathan can definitely be sued on using it because the sales
of his book will be affected by the use of the name 'Tendulkar'. The reason
being is that suppose I write a book and name it 'The land where the Tatas
lived'. Even though I may have written largely about India in this book and just
given a passing reference in a general sense about the Tatas, I still could be
sued on the basis of the suggested use of the surname because it holds a brand
value and signifies something p opular amongst th e general public,unlike any
other surname. The use of the name of the cricketing God in the title of the
book isn't the same as using it in a newspaper, a s Mr BalajI has p ointed it out.
People do not buy the newspaper because it contains a news article about
Sachin. Whereas the same cannot be said about a book. A book is something
much more specific and personal. Even though Sachin is not the only person
having this surname but the surname has been associated and largely
recognised with him. It has a typical brand value now. I would like to point out
that every reference of this surname would not entail taking permission from
Sachin but if their is an established connection between the reference and
content then a permission becomes necessary.
Written 17 Nov 2014 View Upvotes
Manas Mamgain, My death is going to happen by being sarcastic at the
wrong time.
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Boy, I hope Ramachandra Guha didn't get sued for this
and this
Uday Kiran, random guy lost in the series of tubes
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4 Answers Collapsed (Why?)
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Written 16 Nov 2014 View Upvotes
5
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Aaahh .....?!! Keeping a side the p ossibility,who will have time for th at. Definitelynot Sachin at least.
Written 11 Dec 2014 View Upvotes
Naveen Indala, optimally pessimistic
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What does it feel like to go from
physically unattractive to
attractive?
Log mujhe patla
papad kh k bulate the
Fir meri life me nya
change aya ) DONT
WORRY !! :p...
Vivek Anand, eNtRePrEnEuR ||
iNtRoVeRt || aRtIsT || bAtMaN
141 Views
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