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

Miss Priss · 06-12-2006, 02:25 AM

I am having the darndest time finding an answer to my questions!! I am writing 2 non-fiction books and cannot find an answer to these questions - does anyone know?!

1. is it legal to use the real first name of people in your life and the events that actually happened to you without them being able to sue you? What are my rights to tell the truth about my life vs. their right to sue me if they don't like what I say? example: My 5th grade boyfriend Tom always wore girls underpants under his jeans.

2. Can I talk about my mother (who is still alive) even if it is in an unflattering light? Where does it become "sue-able"? I mean, people have written books on how their father molested them and weren't sued by the father... how do they get away with that?

3. Can I make references to celebrities in unflattering lights if it's an opinion I am stating: like "Kathy Bates is so fat, her body looks like a marshmellow. I think a man would rather cut it off than have sex with her." etc :-P

4. Can I give my opinion on other people's books? For example if I say "I didn't like reading "The Atkins Diet" it was boring and technical. The diet when I followed it made me feel sick to my stomach. I think it should be retitled to be called, "the sick to my stomach" diet?" etc :-P

5. Can I use brand names of food example: I think Bisquick tastes better than eggo waffles.

6. If I have a disclaimer saying that this book is my opinion and that anyone reading it must take responsibility for their own actions can I assert opinions safely like: Drinking too much water causes colon cancer.

These are of course far fetched examples of what I really want to do but they get the point across. I will love you forever if you know the answers to any of them. Gosh, the fact that I am even asking makes me wonder if we really have free speech in america. Oh well, better safe than sorry! Thanks SO MUCH! You can post here or email me privately!
Red
Redripeapple@aol.com

Buggs · 06-12-2006, 02:54 AM

#2

No, but the father can sue her therapist.

Mike C · 06-12-2006, 03:24 AM

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.

Non Serviam · 06-12-2006, 03:49 AM

You can write whatever you like, but you won't print such a work through any reputable publisher.

Miss Priss · 06-12-2006, 05:28 AM

ok so what constitutes defamation? How can I write something autobiographical about myself and my relationship with my mother without her suing me for defamation if I say growing up she slept with 101 men or something like that???

And just to confirm, lets say I was writing a diet book: could I review all other diet books and not only give my opinions on the books but also quote small parts from their books and give my take on why they are good or bad?
Red

Mike C · 06-12-2006, 05:48 AM

Defamation, most simply, is saying something that will damage the reputation of a person or corporate body. If you plan on doing that, you must be able to substantiate it.

If you're writing a diet book, you can compare your plan against theirs and say why you think yours is better. If you state categorically that, say, the atkins diet will not work because of reason A, be sure to have some scientific backing. You can potentially quote small sections (fair use) as long as you attribute quotes, but why bother?

Never rubbish the competition.

FrankBlissett · 06-12-2006, 11:22 AM

One aspect of this is that privacy laws vary from state to state. In the news recently was the settlement of the Wen Ho Li (sp?) case. In this on, the media TRUTHFULLY wrote that he was being investigated. He, none-the-less sued the government (who disclosed the investigation) for violation of his privacy. Given, this case was settled so we won't know what the outcome would have been.

You could try and get a release signed by the persons involved. If they signed you'd be covered. If not, then at least it wouldn't come out of the blue.

If done early in the process then you can take their concerns into consideration quite easily. If you wait till the book is largely done then you'll know what, exactly, you included (if you decided to drop the girls-underpants thing, for instance).

-Frank

Miss Priss · 06-12-2006, 11:45 AM

what kind of lawyer do I need? I am in Los Angeles? Is there someone specific to contact who can both answer all my specifics AND write me a release?

How does anyone write a memoir or autobiography about their life without defamation of someone? It's one thing to change names but what about my mother and father? Even if I don't use their names, I still say My Mother, My Father... how do I get around that?

Finally, one specific quote I wanted to use was to show people how I would SAY something to someone it vs. how another author says it should be said. If the author's quote was something like: "When you dont put the seat down, it bugs me, sorry I am so uptight but can you work on it?" Would I be better off to say: Another prominant authority says to say something like "if you dont put the seat down, I hate it, I know I am anal but can you do it anyway." Is this a smarter (and still legal) option than actually using his exact quote and then diagraming how it's wrong?

and FINALLY (no, really) if I change the names of people in my life but NOT the events, can't they prove I am talking about them and that it is defamation or I am reaching here? Thanks

Red

Mike C · 06-12-2006, 01:12 PM

Quote:

Originally Posted by Miss Priss

what kind of lawyer do I need?

What kind can you afford?

Write it, cover the legals when you're finished.

Miss Priss · 06-12-2006, 01:49 PM

Mike - it's written. I know of a lot of copyright lawyers but none that can give me specific legal answers to what can and cannot safely and legally be used in a book. (Does the free speech thingie carry any weight anymore or is that conjecture?!) sheesh. If we aren't allowed to be controversial and thought provoking, what is the point of living in America?
Red

Mike C · 06-12-2006, 01:52 PM

You don't want a copyright lawyer, you want one who specialises in libel.
The other option is to start submitting it - anything contentious, publishers will spot a mile off. They have their own lawyers.

mammamaia · 06-12-2006, 06:44 PM

1. is it legal to use the real first name of people in your life and the events that actually happened to you without them being able to sue you? What are my rights to tell the truth about my life vs. their right to sue me if they don't like what I say? example: My 5th grade boyfriend Tom always wore girls underpants under his jeans.

...it's 'legal' but you can still be sued for libel, invasion of privacy and any number of variations of same... it happens all the time... it's best to change the names, places, and situations to protect innocent and guilty alike, as well as your own financial future...

2. Can I talk about my mother (who is still alive) even if it is in an unflattering light? Where does it become "sue-able"? I mean, people have written books on how their father molested them and weren't sued by the father... how do they get away with that?

...sure, you can, but again, you can be sued if you do... people who 'get away with it' most likely consulted a good literary attorney first... and/or, their publishers have enough clout that the guilty parties wouldn't dare sue... plus, if abuse is documented in court records, you can't be sued for mentioning same...

3. Can I make references to celebrities in unflattering lights if it's an opinion I am stating: like "Kathy Bates is so fat, her body looks like a marshmellow. I think a man would rather cut it off than have sex with her." etc :-P

...you can, but can also be sued if you do... the national enquirer has a huge legal department that deals with nothing but settling such suits out of court [= big $ pay-offs you can't afford]...

4. Can I give my opinion on other people's books? For example if I say "I didn't like reading "The Atkins Diet" it was boring and technical. The diet when I followed it made me feel sick to my stomach. I think it should be retitled to be called, "the sick to my stomach" diet?" etc :-P

...you're entitled to voice your opinion, under the first amendment, but again, if you cross the line into libel, can be sued...

5. Can I use brand names of food example: I think Bisquick tastes better than eggo waffles.

...yes, but per copyright/reg'd trademark laws, must add the tm symbol when you do... few writers bother to do so, but the companies can sue, if it's not done...

6. If I have a disclaimer saying that this book is my opinion and that anyone reading it must take responsibility for their own actions can I assert opinions safely like: Drinking too much water causes colon cancer.

...sure, you can... but there's still a 'but'... if you advance a theory or state as fact something that's proven to be not true and it causes people to come to some harm as a result of reading it and following your advice or whatever, they [or their surviving family members] can sue...

...the smartest thing to do before writing anything at all in the realm of what you're asking about, is to study the rules 'n regs at: www.copyright.gov ...

...and, when in doubt, always consult a literary/libel attorney, rather than rely on anything anyone [even me!] tells you in places like this...

love and hugs, maia

dreamwriter · 06-13-2006, 08:20 AM

I was having problems with these same issues--what to do, what to do?? I'm a newbie working on my very first book only I was more concerned about offending different church denominations. Religion has always been controversial though, and I've seen so many anti-Jewish, anti-Catholicism, anti-Mormon books and articles that I figured these were more of a public choice so I don't think the chances of being sued are as great as when writing about individuals or people in our lives. However, I could be wrong about that.

Would it help to not only change the names of the people, but to change the name of your character as well? In order to protect the identy of my family, I'm using a pseudonym (kind of)--my first two initials and my maiden name. Unfortunately, I can't keep my identity confidential to everyone. I just don't want to get shot for writing something that may be so controversial and touchy to a lot of people, but it's something that I feel I have to do, regardless. I'm not forcing anyone to read it but it may be of great interest to some.

Mike C · 06-13-2006, 08:57 AM

Quote:

Originally Posted by dreamwriter

I was more concerned about offending different church denominations.

I think it's your duty to offend as many denominations as possible. It's not a problem unless your work can be seen as 'stirring religious hatred' which is a bad thing.

Miss Priss · 06-13-2006, 11:23 AM

Hey Mike - or anyone else who wants to answer - I can change first names of ex-boyfriends but do I have to change the details of true, real life experiences that happened to me? Even if I DONT change the FIRST name of real life ex boyfriends wouldnt they have to prove in court not only that I am talking about them (how many "Tom"s are there in the world???? I never let even one ex boyfriend take a picture of me with them together or any other kind of proof of the relationship) but also prove what I am saying DID NOT HAPPEN? I do want to cover myself but like most writers of non-fiction, I really want to be true to the reader about what happened.

Is it, in itself, libel or defamation etc if I just say: I dated a guy named Tom. He grabbed my butt and told me it was too fat. What a creepazoid! Etc etc ????? Ok so I am a bit paranoid on this subject

I can probably get my mother to sign a release. I just wanted to use her as a model of what NOT to do in relationships. Not really rip her apart or lambast her but its certainly not a glowing review of her behavior. There is no way for me to say she is someone else in my life - how true would it ring if I say "I adopted my views on relationships and men from watching my neighbor..." I mean OBVIOUSLY we watch our parent and either emulate them or do the antithesis.
Red