Legal Issues:
* Right of Publicity: Using a celebrity's name to sell a book could infringe on their right of publicity (the right to control the commercial use of their name and likeness). This is especially true if the book suggests endorsement or affiliation with the celebrity without their permission. You could face a lawsuit if the use is deemed unauthorized and commercially damaging to their image.
* Trademarks: If the celebrity's name is trademarked (which is common), using it without permission could be trademark infringement.
* Defamation: If your book makes false and damaging statements about the celebrity, you could face a defamation lawsuit.
Ethical Considerations:
* Misleading the Public: Using a celebrity's name might mislead readers into thinking the book is authorized by or about the celebrity, even if it's not. This is unethical and can damage your credibility.
* Exploitation: Using a celebrity's name solely to increase sales without a legitimate connection to their life or work could be seen as exploitative.
How to Mitigate Risks:
* Obtain Permission: The safest way is to get written permission from the celebrity or their representatives before using their name in the title. This involves negotiating terms and likely paying a fee.
* Transformative Use: If you argue your use is "transformative" (adds creative value and doesn't simply exploit the celebrity's image), you might have a stronger legal defense, but this is a complex legal area and success isn't guaranteed. The transformative use argument is much stronger if the book is critical or analytical rather than simply using the name for commercial purposes.
* Fair Use (limited applicability): Fair use is a legal doctrine that permits limited use of copyrighted material without permission, but it's a high bar to meet and unlikely to apply to using a celebrity's name in a book title for commercial purposes.
* Consult a Lawyer: Before publishing, consult with an intellectual property lawyer to assess the legal risks and explore options for using a celebrity's name safely and legally. They can help navigate the complexities of right of publicity and trademark law.
In short, while possible, using a celebrity's name in your non-fiction book title requires careful consideration and likely legal consultation to avoid potential legal trouble and ethical concerns. It's often far safer to choose a title that doesn't rely on a celebrity's name.