Autobiography - Legal Questions - Page 2 - Writers Forum

Phantom Writer · 05-04-2007, 07:38 AM

How does one find legitimate agents to brief their story to? I mean, surely you don't have to have the manuscript completed, and then be able to submit it, before finding an interest in the story. Where would I find someone like that? Someone I can tell the story too and see if it peaks an eyebrow?

mammamaia · 05-04-2007, 05:39 PM

you just keep querying agents till you find one who'll bite... but if you don't have anything to sell [complete or at least partial ms], just touting your idea won't get you anywhere, as the agent won't know whether you're capable of writing it well enough to sell...

the only way you'll get a face-to-face chance to 'pitch' your idea is to pay to attend one of the many writer's conventions/conferences/seminars that are held here, there, and everywhere...

Mike C · 05-05-2007, 05:27 PM

Quote:

Originally Posted by mammamaia

but if you don't have anything to sell [complete or at least partial ms], just touting your idea won't get you anywhere, as the agent won't know whether you're capable of writing it well enough to sell...

I have to disagree with you here, Maia. If the story is high-profile enough, and controversial enough (ie I was buggered by Michael Jackson) the agent won't care if you can write or not. Welcome to the world of the celebrity biography.

mammamaia · 05-05-2007, 05:54 PM

no argument or disagreement there, mike... i'm no newcomer to that world, goodness knows!... but i was dealing only with the op's remarks, which alluded to a 'story' that i took to mean fiction... perhaps erroneously...

hugs, m

Phantom Writer · 05-06-2007, 04:59 AM

No, none of what I am wanting to write would be fiction, not unless I had to write it as fiction.

And even if written as fiction, as someone said, if any parties can be recognized (by their actions in the book Im assuming) then I could still be sued. The problem with this, is that......obviosuly the parties involved (in my case) would know who they were even if the names were different. Whats to stop them from "telling" others to "recognize" them in the story just as a means of being able to sue me at that point? People do strange things.

I was informed yesterday that they have copyrighted all their names (?) and I cannot use their names without paying them for hte use of it. Now, these people tend to blow a lot of smoke up my ass, and I have to ask.....is it possible to copyright your name? I just don't see how you can do that because names are repeated in the world all the time, distinguishable only by things like a SSN.

First of all, I don't believe for a second they have "copyritten" their names. And second of all, can they even do that?

If it were THAT easy to stop people from writing tell-all books, there wouldn't be any on the shelves...lol

I have been told that if there is any real name in the book other than my OWN (that I cannot even use my own childs name) that I will be sued and forced to pay them for the rights to use their names and that they could determine the price which I have to pay, which he would make sure was enough to "put me under". He also told me that he could make sure there was a halt-printing on the book which could make sure it would never be printed.

I know I will have to consult a literary attorney on this, but its fun sharing the story here just the same.

The simple fact of the lengths they are going to to try to bluff me into not writing this book says A LOT! He is telling me that the ONLY reason I'm writing this book is because I have a name to use, that otherwise my story would be nothing....and I'm like DUH! Life is about making pocket change.

The thing with books is.......even if I didn't write it now.....as his career grows, and an interest in him increases....I can write it a decade from now (if I'm still around) and still have the same effect it would have if I wrote it now (maybe more). Thats the BEAUTY of books!

And no, I wouldn't consider this a high profile interest at all. Nothing near Michael Jackson...lol. This family has only won one Grammy (many other awards like CMA's and stuff......but NOT high profile in that sense). Actually, it was my father in law who won those, my ex husband has no awards under his belt. The people my father in law worked with (Garth Brooks, Alan Jackson, The Judds, etc, etc {and they spent a better part of their life on the stage of the Opry}) and the people in the recording/producing industry watched my husband grow up from a child. I think the curiosity of wanting to know how "XXXX's" son turned out would be enough to make a few of those people pick the book up, especially since he is trying so hard to follow in his fathers (and grandfathers) foot steps. Although I could be wrong....lol

If only ONE person read it, it would be worth my while of writing it. But the damn legal issues will be a battle I'm not yet prepared for.

One cannot write about their OWN life without including the people, things, and places that were in it. It's a shame there is so much of a hurdle for me to simply express my life in print.

mammamaia · 05-06-2007, 05:58 PM

Quote:

I was informed yesterday that they have copyrighted all their names (?) and I cannot use their names without paying them for hte use of it.

that's total nonsense!... but they can sue you for using their names or any representation of their characters, if they can be recognized...

sorry about my momentary lapse above... i'd lost sight of the fact that you were asking about an autobio and only answered the question re 'story'...

i'm glad you know you need to consult an attorney... that said, there's no harm in writing what you need to get 'out' as a catharsis, now... what you do with it later, will be up to you and your legal eagle... tell-alls are published all the time, so it's definitely not a hopeless situation...

the key is to write only what can be proven to be true, unless you're so famous or wealthy yourself, that you can afford to delve into the seamy underside of things/folks that you've no evidence to back up, and lawsuits will only sell more copies...

Phantom Writer · 05-06-2007, 07:34 PM

Thanks for the info on copyrighting names....lol. I figured they were full of it.

Quote:

Originally Posted by mammamaia

unless you're so famous or wealthy yourself, that you can afford to delve into the seamy underside of things/folks

I only wish....lol. No. I am no one famous. Was just a nobody in the marriage, kept shletered from most of the interaction with the "famous" people. I was privvy enough to attend a funeral or two....lol

I would list the name here, but they constantly Google the name to see if anything has been written about it and I do NOT want them to know I am coming here. It wold just create havoc on the boards.

The fact that they are SO torn up about the thought of me writing this book is almost all the revenge I could ever ask to seek....lol

Writing does take a while, even when writing non-fiction, so I'm gonna keep tapping at it and will cross those hard bridges when I get to them.

In the meantime, they can keep "copyrighting" their names.....lol

mammamaia · 05-07-2007, 06:40 PM

they sure sound like a bunch of jerks... have fun blowing their cover!

love and hugs, maia