Thread: Can you use real names in non-fiction?

I am writing a non-fiction/memoir about the events of 9/11. What are the rules about using real names in non-fiction or memoirs? Also, if I change the names, I feel it would still be too easy for the reader to know who I was talking about because of the press this has been given. And, would it still be non-fiction if I changed the names of the people in it? Thank you in advance for any clarification on this question.

Regards,

Joe
(a newcomer)

Well, erm, it's a Non-fiction, so unless the person concerned prohibits you to use their names, then you can do so. Just ask their permission.

So how is it non-fiction if you use fake names? How can one confirm if it is non-fiction or not? Also, the other part of my question is more of a problem for me than not being able to use real names. If I change the names, I feel it would still be too easy for the reader to know who I was talking about because of the press this has been given. What about if it were a memoir? What are the rules for that? Thank you for the response. I really don't understand how this works and it will certainly affect the way I write this...

Joe

Ah, so you can't use real names. Well, just tell in the sentence something like "Joe, not his real name..." Most of the non-fiction books I read use this presentation.

For one thing, you will probably only be sued if you say something about someone that they do not like. If you only say nice things in your book, you probably will not get sued. However, if you only say nice things in your book, it probably will not be very interesting.

Public persons have very few privacy rights. You can say or write almost anything about a public person and there is nothing they can do about it. In most cases, a public person is either a celebrity or a politician.

If you disparage Osama bin Laden, he can no longer sue you. Even if he were still alive, he probably would not win in an American court. Neither would any other Al Quaida member.

You can always write your book as 99.9% true and still call it fiction. This will give you some degree of legal protection. This is why some books and TV shows begin with the legal disclaimer "Although inspired by actual events, this story is a work of fiction." If you get sued you can always claim that the part of the story that the plaintiff took offense to was the fictional part of the story. You can only be successfully sued for passing off your disparaging opinions of someone as nonfiction.

If you use a fake name, you are announcing to the world that you respect the privacy rights of the person you are writing about. This goes a long way in protecting you from a lawsuit, even if people see through the fake name. If ever asked, "Was the character you called 'Bob' really John Smith?" you should always answer, "I can neither confirm nor deny that." If John Smith sues you, he will be confirming that Bob is really him and the loss of privacy is then John Smith's fault, not yours.

If you publish traditionally, your publisher will pass your manuscript through their legal dept. If you self publish, you should talk to a lawyer first.

To the op. You said in your initial post you're writing a non-fiction memoir. From who's point of view?

Thank you for the replies. I am a retired 9/11 FDNY firefighter who wants to write about the events of that day and the ensuing 8 months of the recovery effort from my own point of view and experience, as a participant.

Also, is a memoir more relaxed - more of a point of view of the author even if it is not literally true here or there? For instance, if three people witness an accident, you would probably get three slightly different versions of the facts. It doesn't mean it is not rue (to each individual) it just means they experienced it differently... I hope this makes sense...

Thank you,

Joe

C.M. Aaron, I don't think I would be intentionally disparaging someone, but I guess that is in the eyes of the beholder. It's important that it be a factual account because I feel that the whole purpose of writing it is to immortalize the events of 9/11 from a point of view not written about as of yet... Joe.

Yes, the facts are in the eyes of the beholders. Sometimes facts are subject to interpretation, and sometimes people take offense when confronted with the facts. What you think is the truth might still tick somebody off. So think about protecting yourself. Even if you win at trial, a lawsuit is still a hassle.