Regarding a Story and Emails

[quincy]

The way you write it makes it sound like anyone can claim any character is based on them and sue.

Art imitates life. You're basically telling me that I can't write this story in any way? Not even if I change his job, change his name, change his country, and make-up the whole thing? That's crap. Love stories happen. Any of the works I've published now someone can claim resembles their life (none of them have been based on any real events in my life) and sue me.

And yet, from what I understand, if I decide to make it non-fiction it's actually easier.

Thank you, Silverplum. I always try not to say what I don't mean.

Finnegan, you are correct. Anyone can claim a character in a book is based on them and they can sue. Non-fiction books are not spared from lawsuits, either. Whenever an author writes about real people or base their characters on real people, what they write must be carefully crafted. Release forms and liability insurance would not be necessary if lawsuits never arose over the contents of books.

Here is a link to "The Red Hat" suit that I have mentioned in this thread a couple of times, where the plaintiff in the case (Vicki Stewart) was awarded damages in the amount of $100,000* against the defendant (author Haywood Smith). There were close to 40 characteristics identified that Stewart had in common with Haywood's character SuSu. What characteristics Stewart did not share with SuSu are what led to the lawsuit. http://www.leagle.com/decision/20081482660SE2d822_11461/SMITH v. STEWART

Following is a very short list of books whose content led to lawsuits filed against the authors, both on defamation grounds and privacy grounds. The full list is an extensive one.

Running with Scissors - see Turcotte v. Auguston Burroughs and St. M@rtin's Press
American Sniper: The Autobiography of the Most Lethal Sniper in US Military History - see Jesse Ventura v. Chris Kyle
Touching - see Dr. Paul Bindrim v. Gwen Davis Mitchell
The Camera My Mother Gave Me - see Bonome v. Kayson

Not all suits are lost by the authors but the high costs of litigation (not to mention the investment of time) makes it smart for any author to seek out a publishing law professional prior to publication, and to obtain releases when writing about real people or basing characters on real people. You will need to gauge your legal risks and decide whether to plunge ahead without the protection of a release form and insurance.

Good luck.



*as a note: The $100,000 in damages awarded Vicki Stewart was actually less than what Stewart spent on pursuing her legal action against Smith

 

[Finnegan]

First off, no need to be rude. I said sounds like. Don't go getting bent out of shape. Holy crap...

Secondly, since everyone wants to preach about the lawsuit filed over The Red Hat I went in search of information on it. Led me to a blog and a lady well versed in publishing laws. So I asked her. She said that all things considered that as long as I'm rewriting the emails and not using his likeness I'm fine.

 

[quincy]

First off, no need to be rude. I said sounds like. Don't go getting bent out of shape. Holy crap...

Secondly, since everyone wants to preach about the lawsuit filed over The Red Hat I went in search of information on it. Led me to a blog and a lady well versed in publishing laws. So I asked her. She said that all things considered that as long as I'm rewriting the emails and not using his likeness I'm fine.

There was no rudeness shown by any of the responders to your questions, Finnegan, although I find YOUR post a bit unpleasant. You seem ungrateful for the legal advice you were provided here for free. That is odd because we are used to being thanked.

The "lady well versed in publishing laws" could very well have read what I posted here, by the way, as she seems to have repeated what you've already been told by us.

Copyrights should not be a problem with the emails for the reasons I outlined earlier. IF you invent new emails, then there would be no copyright infringement at all. You would not be using anyone else's content.

And, IF you do not use the likeness of a real person in your book - if a real person is not identified by name and cannot be identified by content - a real person is unlikely to find a resemblance or a reason to sue. It is using the likeness of a real person that creates the most legal issues for you.

In other words, there is no reason for a real person to sue over a likeness to a character when there is no character in your book who has a likeness to a real person.

I hope you have a nice Thanksgiving, Finnegan, and that you find many reasons to be grateful.

Good luck with your romance novel.

 

[Silverplum]

So, Finnegan is single?

 

[quincy]

So, Finnegan is single?

It DOES seem a bit of a surprise, huh?

But, to quote Finnegan: "Love stories happen."

I guess we can hope another real-life love story happens for Finnegan in the future.