Does anyone know the ANSWERS to these ????? - Page 2 - WritingForums.com - Writing Forums, Writing Challenges, Critiques and Help for Writers

Mike C · 06-13-2006, 03:42 PM

It's no good asking us. I can suggest, but I can't answer. I'd suggest you buy yourself a couple of hours of libel lawyers time.

mammamaia · 06-14-2006, 06:49 PM

ditto mike's last bit of advice!

you're dancing on the edges of 'the abyss of litigiousness' here... to rely on advice from anyone but an attorney who specializes in literary law, is like trusting some never-jumped twerp's bungee to keep you from smashing to smithereens, when you take that leap... and the onlookers are all just waiting for you to croak, so they can sue somebody...

Ruben · 06-15-2006, 09:20 AM

Quote:

Originally Posted by Miss Priss

what is the point of living in America?

Quote:

We're all living in Amerika
Coca-Cola, Wonderbra
We're all living in Amerika
Amerika, Amerika

.

gingirl · 06-16-2006, 12:12 AM

I have completed a non-fiction and my lawyer just got through reading/reviewing the entire manuscript.

I changed the names and places of all people, not necessarily to protect THEM, but rather to protect me!

And we stated so in the disclaimer. It is a very controversial book, so I expect some people to rise up in anger......and......

I am still risking someone deciding to sue me, but they will have to prove that I am referrring to them and defaming them. Being that I have changed the names and locations, I would say they will have a hard time proving such. The story needs to be told and I am committed to telling the story, but I do not want to intentionally bring harm to the people involved (as they brought to us), as that serves no purpose, therefore I have gone to great lengths to ensure their identity is not known. (Although they will all know who they are when they read the book).

On your mom, I would vent elsewhere, not in the public eye. (That's just me).......I have some mom "issues" too, but will it make you a better person to air her dirty deeds for all the world to see? How about a fiction story if you feel the need to put it in the public eye? She would know it is about her, (if that is your goal), yet you have protected yourself from a liability and you have graciously granted her clemency.

dreamwriter · 06-23-2006, 07:53 AM

What an excellent answer gingirl! I'll keep that in mind when I start my second book. Just out of curiosity, may I ask about how much does a literary lawyer cost? Just the thought of guessing makes me cringe! Maybe it's less than what I'm thinking, though.

mammamaia · 06-23-2006, 09:11 PM

these days, probably anywhere from $200-400 per hour, for a good one... but it's worth an hour's worth, if you really intend to publish this stuff, because either no publisher will touch your ms, or you can be successfully sued for all you'll earn for the rest of your life, if what you include in it is actionable...

Mike C · 06-24-2006, 02:52 AM

That's about half what it would cost in the UK! You're lucky, lawyers are comparatively cheap over there.

mammamaia · 06-24-2006, 07:36 PM

well, they may be that much in the states now, too, mike... i was guess-timating, based on what i paid mine, over a decade ago...

dreamwriter · 06-26-2006, 07:50 AM

yikes!!! Guess I'd better start saving!

D2B · 06-29-2006, 10:36 AM

Red, I think I understand the dilemna lawyers have with your questions. Each missive you write must be individually assessed for slander-potentional - its probably a big job, requiring them to spend lots of time reading (and lots of your money at the same time).

But in general...

Opinions are not slander, but observations of someone's behavior or something tangible about them is.

- "He's a weirdo" is opinion. "He's a weirdo because he wears girl's underwear." is a potentially slanderous statement, and the burden to PROVE that he actually wore girl's underwear is yours - you better have his self-admission or a glossy 8X10 with him with his pants down.

- Similarly, "My mother sucks." is ok, but, "My mother is a whore." gets closer to slander, and "My mother slept with 101 men." is definitely slander -unless you can prove it - that is prove ALL 101 claims.

I think you are writing this account as somewhat of a catharis. That's fine, but once you share these claims, be prepared to be sued.

One idea though... Spend some time reading Ann Coulter. If anyone is deft at skirting the edge, she is. Somehow, she uniquely blends opinion with ambiguity and a smattering of fact, making her writings legally sound.

Good luck.

Mike C · 06-29-2006, 10:45 AM

I was thinking on the catharsis thing also.

Had you thought about writing it as a novel? I ask because you're looking at sinking a lot of money into a project which may not be publishable, and may have limited interest as a non-fiction book. People generally only want to read the lurid details if your name rhymes with Shitney Fears.

A novel gives you more scope to spread your wings, a bigger likelihood of publication, a smaller likelihood of litigation and maybe even the option of writing yourself a happy ending.

I think you're writing this to either make yourself feel better or to punish others. This seldom works either way. Consider using your life experiences constructively rather than destructively.

Mungye · 07-01-2006, 01:15 PM

Quote:

Originally Posted by Mike C

If you defame, you can be sued. If your ex bf was a closet transvestite, can you prove it in court? No? Then write about something else, or change names. If you're relating experiences of friends, ask them first. Or change names.

You can pass opinion on books and products, as long as your opinion does not defame the author or manufacturer (or if it does, you must be able to prove it. For example, you can say Mike Coombes's writing sucks shit through a straw (a valid opinion) but you can't say I write shit because I have the IQ of a weasel (without proof). You can say that One product is better than the other, but not because the other is made from sheeps testicles (unless it is).

Turn each instance around - it it was said in reference to you, how would you feel?

And the disclaimer won't help.

This is very interesting. I myself have never written anything that needed this sort of protection and when writing for the newspaper we had our own eagle eyes and lawyers in case our editor wanted us to specifically attack a certain idea etc.
I notice Mike you said:
If you're relating experiences of friends, ask them first. Or change names.
I did not know that just changing names if you are writing about someone could protect you, particularly if that someone knows you well and knows that it is definitely he or she you are writing about. I always thought it was best to do a composite, essentially of of the person you are talking about but one or two different things thrown in along with another name. Thank you for this information.

Mike C · 07-01-2006, 05:20 PM

Quote:

Originally Posted by Mungye

I always thought it was best to do a composite, essentially of of the person you are talking about but one or two different things thrown in along with another name. Thank you for this information.

Don't take what I say as gospel.A composite would be better, and fictionalising it as I suggested better still. Just changing names - if it left that person recognisable - would not be enough.

mammamaia · 07-01-2006, 07:14 PM

just keep in mind that lawsuits have been won over fictional characters that were recognizable as the plaintiff, even though names and other details were changed... so it behooves writers to be very careful when 'disguising' real folks in their writing...

facadeofshadows · 08-02-2006, 03:05 PM

Just from a characterization standpoint, using real people as characters is not a good idea. I know from personal experience. In my book, I used the names of friends who thought it would make them "feel a part" of my novel after getting written permission from all of them. My editor, however, pointed out problems created by doing this. I knew why a certain character would act a certain way under a certain circumstance, but my reader didn't, and because I knew the person so well, I didn't bother to explain it to the reader, or develop the character correctly. I practically had to rewrite my manuscript to make the characters have any believability at all. Then when my friends read it, they would say things like, "But she wouldn't say that because of this, or do this because of that. This would have been better had I not known the real people." I expect that most of my readers will not know the "real" characters (or the people who now only share their names with the characters), but nonetheless, it was impossible to please everybody.

For example: You may think your ex is a total jerk, but no one can relate to a character that is all jerk, all the time, with no motivation as to why. You might have a hard time writing his character in such a way that your reader can understand him. Bad guy or not, your reader needs to relate somehow.

Just my two cents.
~Rick