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Could I get in trouble for writing this book?

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badwriter888

Junior Member
First, sorry if this is in the wrong place, it seems like this is the right place, though.

So I live in Los Angeles and I'm writing a book. I don't fancy myself a literary genius or anything so I intend to publish it through one of those vanity press deals. It's an autobiography, focusing on the time I spent working in a major retailer.

Here's the facts:

I don't name the retailer by name, but it's obvious what company it is and what location I worked at (I name the city and surrounding establishments). But again, the company is never named, I use a made up name for the company. It's not something like I worked at K Mart and say I worked at the L Mart. Let's say I worked at the Home Dept (I didn't) and I refer to it as The Big Home Improvement Store. It's along those lines.

When I speak about the people I worked with I don't use their real names. It's obvious to those involved who is who, however.

Only time a real name is used is when I don't give a last name. For example, let's say I worked with someone named Tom Kenley. (Not real, btw). Tom Kenly became Fred Smith in the book. However, if I only mention a person by first name, say a David, then David is still just David. No last name.

I also mention having used drugs (weed) on the job. Could my current employer do something to me for that? The incidents in the book took place over a decade ago. Nearly 15 years, actually. I had to take a drug test for my current employer and passed clean (this about four years ago).

So that's where I'm at. I don't expect it to be a big hit, I don't expect it to be a good book, I don't claim I'm a good writer. It's just something I'm doing, mainly just for me and a couple friends. I just don't want to get sued doing it.

Appreciate the help, thanks in advance.
 


las365

Senior Member
My free advice to you: Google

http://www.wordclay.com/genre/memoirlibel.aspx

and

http://www.wordclay.com/FAQ/Copyright_Libel.aspx
 
W

Willlyjo

Guest
First, sorry if this is in the wrong place, it seems like this is the right place, though.

So I live in Los Angeles and I'm writing a book. I don't fancy myself a literary genius or anything so I intend to publish it through one of those vanity press deals. It's an autobiography, focusing on the time I spent working in a major retailer.

Here's the facts:

I don't name the retailer by name, but it's obvious what company it is and what location I worked at (I name the city and surrounding establishments). But again, the company is never named, I use a made up name for the company. It's not something like I worked at K Mart and say I worked at the L Mart. Let's say I worked at the Home Dept (I didn't) and I refer to it as The Big Home Improvement Store. It's along those lines.

When I speak about the people I worked with I don't use their real names. It's obvious to those involved who is who, however.

Only time a real name is used is when I don't give a last name. For example, let's say I worked with someone named Tom Kenley. (Not real, btw). Tom Kenly became Fred Smith in the book. However, if I only mention a person by first name, say a David, then David is still just David. No last name.

I also mention having used drugs (weed) on the job. Could my current employer do something to me for that? The incidents in the book took place over a decade ago. Nearly 15 years, actually. I had to take a drug test for my current employer and passed clean (this about four years ago).

So that's where I'm at. I don't expect it to be a big hit, I don't expect it to be a good book, I don't claim I'm a good writer. It's just something I'm doing, mainly just for me and a couple friends. I just don't want to get sued doing it.

Appreciate the help, thanks in advance.
Although using pseudonyms for real characters in your manuscript is good, you can still be sued for Defamation if one of the real people figures out a certain character is him/her and you've printed something defamatory about them.

Sometimes we, as writers take a risk when publishing a book about something that has actually happened. It is always possible to be sued. Whether such litigation will be successful or not cannot be foretold.

Also, such suits are very expensive and time consuming, so unless you publish something that is outrageously and maliciously defamatory, chances are you might not have to deal with any litigation as a result of your published material.

As far as your current employer taking action against you for admitting in your manuscript that you smoked pot while working for as previous employer, I wouldn't be surprised if they terminated you if and when they find out when your book gets read. They could fire your for almost any reason they see fit since California (like most other states) is an "AT WILL" state in regards to employment.
 

badwriter888

Junior Member
Hm.

How much risk does it pose if I change all the names within the book, use a made-up city, just call the book fiction?
 
W

Willlyjo

Guest
How much risk does it pose if I change all the names within the book, use a made-up city, just call the book fiction?
This would greatly reduce your risk, however, as I said, anyone can sue anyone at anytime for anything. It would probably be a waste of money and time to attempt litigation against someone who is writing a ficticious story. You may want to add a disclaimer saying that any similarities between you, the reader and any characters in the manuscript are purely coincidental.
 

ecmst12

Senior Member
More likely than not, no one is going to read it anyway. But if you don't publish it with your real name, that's probably a better idea.
 

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