Will Oprah sue Donald Trump? Book Revelations May Land Her In Hot Water

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Donald Trump could face potential lawsuits in connection with the publication of a new book featuring about 150 private letters from decades past.

The former president is set to release a new book in April, Letters to Trump, which will contain communications sent to him by celebrities and prominent figures such as Oprah Winfrey, Princess Diana, Hillary Clinton, Ronald Reagan, and North Korea’s Kim Jong -un.

However, it is unclear whether Trump has the right to publish these letters because he may not own the full copyright to their content. Winning Team Publishing, the company behind the book, said it had “actual or implied” permission from the letter senders who were private individuals.

Jane C. Ginsburg, professor of literary and artistic property law at Columbia University School of Law in New York, says that the principle that the writers of letters, not the recipients, retain copyright in the text is “well-established in copyright law. “for hundreds of years.

Donald Trump (right) could face potential lawsuits over the publication of a new book featuring about 150 private letters from decades past, including from Oprah Winfrey (inset). Albert L. Ortega/Alex Wong/Getty

“Go back to a famous case from 1741, where the poet Alexander Pope sued Edmond Curll for publishing Pope’s letters,” Ginsburg told Newsweek.

“Pope prevailed. Lord Justice Hardwick drew a distinction between the ‘property of the paper’ which belonged to the recipient of the letters, and the property in the words, which remained with the writer.”

Ginsburg notes that this distinction of copyright ownership as distinct from ownership of material things is still applied by US courts and codified in sec. 202 of the US Copyright Act.

The law states: “Transfer of ownership of any material object, including the copy or phonorecord in which the work was first fixed. [e.g. the original letter], does not convey any rights to the copyrighted work contained in the material; or, in the absence of an agreement, the transfer of ownership of a copyright or of any exclusive rights under a copyright conveys property rights in any material matter.”

In a statement to Newsweek, a spokesperson for Winning Team Publishing said: “The book consists of a unique collection of letters from President Trump or from public officials both foreign and domestic, or from private individuals. For those in public office at the time, no copyright protection arose.

“For the latter category, Winning Team Publishing has either actual or implied permission for their publication.

The issue was discussed on Twitter by Letters of Note, a popular account run by author Shaun Usher that shares “nothing but history’s most interesting letters” from high-profile figures.

“I’m interested to know how he got these cleared for publication. Would Oprah, for example, really agree to that? And Princess Diana’s estate?” The account tweeted.

Yes! I am interested to know how he got them for publication. Would Oprah, for example, really agree to that? And Princess Diana’s estate?

— Letters of Note (@LettersOfNote) March 9, 2023

“As far as I know, although he owns the letter himself, he would still need permission to reprint an image of it because the underlying copyright remains with the author, eg Oprah Winfrey, Hillary Clinton .”

According to Axios, Letters for Trump will contain a response from Winfrey after she declared in her 2000 book, The America We Deserve, that he was her first choice for vice president.

In response, Winfrey wrote: “I have to tell you that your comments made me cry.

“It’s one thing to try and live a life of integrity—it’s another to be noticed by people like you.”

In 2021, Meghan Markle successfully sued the British newspaper The Mail on Sunday for fabricating large portions of a handwritten letter she sent to her father, Thomas Markle, before her wedding to Prince Harry in 2018. The UK High Court ruled that this was a misuse of her private information and a breach of her copyright.

Winning Team Publishing, the company that previously released Trump’s coffee-table photo book, Our Journey Together, in 2022 did not say whether they had asked each figure for their permission to reprint the letters.

“In his latest book, published by Winning Team Publishing, Letters to Trump, presents part of the incredible private collection of letters between President Donald J. Trump and countless world leaders, celebrities, athletes, and business leaders who shaped the United States and the world,” the book’s description reads.

Update, 3/9/23, 12:05 pm ET: This article has been updated with additional background information.

Update 3/9/23: This article has been updated with a comment from Winning Team Publishing.

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