The Artful Jurist

In the United States, it's often said you can't defame the dead. Libel suits on behalf of a deceased's besmirched reputation typically get tossed out of court. But, apparently, the law works differently in Russia.

According to the Associated Press, Josef Stalin's grandson sued for libel over a newspaper article that said the former Soviet leader was a "bloodthirsty cannibal" who sent thousands to their deaths. The report said a Russian court ruled against the grandson, who was seeking a retraction, and apology, and montetary damages. But it didn't say the court threw out the case on a technicality — such as it being improper to sue for libel over the damaged rep of a dead relative. Gets me thinking that perhaps such suits are allowed over there.

Defamation is a very sticky area for artists who employ the names and likenesses of real people — living or dead — into their art. And, while it's not actionable here to sue for defamation on behalf of the dead, people have been known to sue on their own behalf for the emotional distress caused to them by the damage someone has done to a deceased relative's public image. That's why I always advise people to be extra cautious when incorporating real people into their art. Even if you end up winning the case, it's no fun to be sued.