Publishing Laws 4 book idea - Writers Forum

Ty_lol · 03-15-2006, 02:58 AM

Hello,
I am currently starting to write a book. It will be a biography/self help book. I have lots of work to do and am seeking help regards to issues that may come up. For the cover of this book I wan't a picture of myself and a woman. However, this person does not want her picture on my book or even have her name mentioned. Is it legal to have a picture of her on this book? Is it even legal to mention her name in it? Thanks for any help you can give.
Ty

Ben · 03-15-2006, 03:22 AM

If she says she doesn't want to then I'm guessing you could find yourself in a fair bit of trouble if try.

journyman161 · 03-15-2006, 03:30 AM

I'd be pretty pissed if I had told someone I didn't want to be included & they went ahead anyway. I don't know if I would go to court over it but I can imagine a lot would in this litigious world we live in.

On the other hand you could simply rename her & make a couple of minor changes & so avoid the trouble.

Mike C · 03-15-2006, 09:48 AM

Quote:

Originally Posted by journyman161

On the other hand you could simply rename her & make a couple of minor changes & so avoid the trouble.

Absolutely. Why screw over someone who doesn't want it? Can and should are two different things.

woodcut.evolution · 03-15-2006, 01:07 PM

Unless you are self-publishing then usualy the publisher decides on the cover, so really it's a mote point.

That being said, as far as my understanding of law goes (which admittedly isn't all the great) there is nothing illegal about putting her picture on the cover and writing about her. However being legal and being immune from civic suits are two diffrent things. Seeing as this person is not a public figure (you can say all kinds of crazy stuff about public figures) you will be open to a liable suit if she doesn't like what you have to say. Better save youself the headache (and possible lost book sale profits) by just changing the name.

Phouka · 03-15-2006, 01:54 PM

My (admittedly vague) understanding is that you must get a model release from anyone if you use their photographi in a public venture. You can use her name, people don't have any specific right to anonymity), but it would seem more ethical to respect her wishes and change her name/details so that she is not immediately identifiable in the book.

However, as woodcut.evolution pointed out, you won't design the cover of your book anyway.

woodcut.evolution · 03-15-2006, 02:01 PM

It's my understanding that model release forms are only needed if the subject is under age. This however may vary from place to place and from medium to medium. You don't need one for a picture in a newspaper, but a book cover may be diffrent (again, I'm not an expert).

Ty_lol · 03-15-2006, 03:00 PM

First of all I would like to thank everyone for there help.
I would like to point out that I have no respect for this person. It is because of this person that I am writing this book. It is because of this person that my life has hit rock bottom. I have been reading up on this topic and I read that you can have someone elses picture published if it was taken in a public place. Only laws prohibit pictures taken on private property. Also I have heard you can have a picture of someone else but you can't make the face visible. Any of this sound even close to correct? Maybe I should just get some free legal advice, lol. Also, if your manuscript shows great potential is it possible to form an agreement to design your own cover? Just curious. Or maybe someone can exlain to me why they have the honors of making th cover. Thanks again, and please keep the comments comming.
Ty
p.s. Don't think of this woman as some innocent helpless person. She is far from that.

kalibantre · 03-15-2006, 03:05 PM

I'm fairlt sure she holds the copyright to her own image unless she has signed something ti give it to someone else.

and change her name and specific details. I'd do that on all real people you mention in your book. it's not hard and it will save the hassle and yourself.

Ty_lol · 03-15-2006, 03:12 PM

I'm not writing this book just to make a story of my life. I wan't to be specific. I want people to know who im talking about and why. I don't want to make up someone and make people wonder who it is. This woman I dated for 3 years, and the majority of this book will be about us. I understand that very few people will read it and actually know who I am and what I have experienced, so a specific name will not be very important. However, it just seems more rewarding to me to mention everything to the fact. I'm probably just beeing ignorant, but I should try to get as much as I can to my satisfaction. Or something...

woodcut.evolution · 03-15-2006, 04:23 PM

You wouldn't be making someone up, you would be changing the name. Then you could include the always enjoyable line at the beging of the book "some names have been changed to protect the innocent"

Who exaclty the innocet being protected however is another matter altogether.

kalibantre · 03-15-2006, 04:25 PM

If she's a nasty peice of work like you said, and if it was a book with me in, an ex telling the world how I ruined their life. I'd sue you for all you had.

mammamaia · 03-15-2006, 05:31 PM

first of all, no legit paying publisher will take on a revenge-motivated piece of obvious libel such as you seem to have in mind... neither will any vanity-publisher with any sense...

paying publishers will NOT use your cover idea/material... especially if it includes a photo of anyone other than you that does not have an accompanying signed and sealed legal release form...

vanity publishers might accept your cover idea, but they won't use a photo without a release...

as for writing this book and making it public in any way, shape, or form, you will be open to suits for all kinds of things, such as invasion of privacy, libel, and an assortment of other nasty stuff that will in all likelihood end up taking every penny you'll ever earn for the rest of your life and giving it to the woman you seem to think ruined your life... imo, she hasn't yet, but sure as bleep will, if you go ahead with the book!...

to not consult a literary attorney before you do, say, or write another thing, is suicidal to the max...

love and hugs, maia

petitions author · 03-15-2006, 08:46 PM

Hi,
I'm sorry this person has hurt you, but If they are not a Public figure then I do not think you are allowed to use their likenes, etc.., without their permission. Libel comes to mind as well. If you make money off of your book and get sued you could end up with less than you started with.
I wish you all the luck! p.a.

Ty_lol · 03-16-2006, 01:32 AM

Thanks for all your help. First I would like to point out that im not seeking revenge. I just feel that I need to put my thaughts on paper and make something of it. It's inspiring. Alot more inspiring then stairing down the barrel of a .45, like I may have been 2 months ago. However, maybe all that I want done just cant be done. And thats fine. Thats why I posted this thread, to get some help on what I can and what I can not do. This all has helped me piece this together even more. I'm glad im not all done, then I would have to change alot of stuff. Thanks for everyones help.
Ty