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Story Rights and 'Son of Sam Laws'

By Ethan Bordman

There are always high-profile criminal cases in the news. O.J. Simpson, Casey Anthony, George Zimmerman and Jodi Arias have all captured the attention of the national media and the public. As these cases develop, we often learn that the accused has received offers from publishers, television networks and movie studios to tell his or her story for a large sum of money. Can these individuals keep the money, potentially profiting from the alleged crime? “Son of Sam” laws may lead one to believe the answer is “no.” But, in fact, it depends.

Between July 1976 and August 1977, David Berkowitz terrorized New York City, killing six people and injuring others. Berkowitz called himself the “Son of Sam,” explaining that the black Labrador retriever owned by his neighbor, Sam Carr, told him to commit the killings. Once captured, Berkowitz received numerous offers to have his story published. In an effort to thwart criminals' attempts to profit from their crimes, New York State passed the first “Son of Sam” law (N.Y.Exec. Law '632-a), authorizing the state crime board to seize any money earned from entertainment deals to compensate the victims.

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