Monday, Apr. 26, 1993

Judging It by Its Cover

Police found Tammy Dee Acker's body, stabbed 11 times by robbers, in her father's home in Fleming-Neon, Kentucky. The ghastly murder features prominently in the book A Dark and Bloody Ground, but the literary content wasn't questioned in the lawsuit filed by Tammy's sister, Tawny Acker Hogg. It was the cover, which includes a portrait of Tammy -- without her family's permission. The photo appears with a glossy splotch of red superimposed over her face. "This is pure commercial exploitation designed to sell a product with Acker's photograph," said Joe F. Childers, Hogg's attorney, arguing that under a Kentucky law she can control use of her sister's image.

The attorney for the book's author, Darcy O'Brien, countered that the law was meant to protect celebrities like Elvis Presley, whose images could be used to market memorabilia. U.S. District Judge Joseph Hood disagreed, issuing a temporary restraining order that prohibited distribution of the book.