Regarding a Story and Emails

[Finnegan]

Hi, I hope some people here can be of help.

I am a romance writer. For 10 months I was with someone. While talking one day the subject of my writing and our love story came up. I asked him if he would like me to write it to which he replied yes. I have this in writing. Unfortunately, we have parted ways. I have informed him that I plan on going forward with the story and he did not ask me not to or object. Again, I have this in writing.

My question is what exactly his "yes" allows me to do.

Can I appropriate his likeness?
Can I use his emails? I will remove personal information. They will be slightly rewritten to avoid any concern of plagiarism. I will also be adding a few things as I expect the story to be 50% real-50% fiction (to keep the story moving forward and to appeal to readers).
Is using the emails an invasion of privacy?

I would just like to have my bases covered before I get started on the story. I'd hate to get it fully written and find out I can't publish.

Thanks!!

 

[LdiJ]

Hi, I hope some people here can be of help.

I am a romance writer. For 10 months I was with someone. While talking one day the subject of my writing and our love story came up. I asked him if he would like me to write it to which he replied yes. I have this in writing. Unfortunately, we have parted ways. I have informed him that I plan on going forward with the story and he did not ask me not to or object. Again, I have this in writing.

My question is what exactly his "yes" allows me to do.

Can I appropriate his likeness?
Can I use his emails? I will remove personal information. They will be slightly rewritten to avoid any concern of plagiarism. I will also be adding a few things as I expect the story to be 50% real-50% fiction (to keep the story moving forward and to appeal to readers).
Is using the emails an invasion of privacy?

I would just like to have my bases covered before I get started on the story. I'd hate to get it fully written and find out I can't publish.

Thanks!!

If you are publishing it as a work of fiction, then 50% real 50% fiction is pretty safe. If you are publishing it as auto-biographical then its YOUR story too and you are free to publish anything you want as long as its true.

However, it would be in your best interest to run everything by an attorney before you make any decision as to how to proceed.

 

[Proserpina]

Don't use his emails unless you get a solid confirmation that you can do so.

 

[quincy]

Hi, I hope some people here can be of help.

I am a romance writer. For 10 months I was with someone. While talking one day the subject of my writing and our love story came up. I asked him if he would like me to write it to which he replied yes. I have this in writing. Unfortunately, we have parted ways. I have informed him that I plan on going forward with the story and he did not ask me not to or object. Again, I have this in writing.

My question is what exactly his "yes" allows me to do.

Can I appropriate his likeness?
Can I use his emails? I will remove personal information. They will be slightly rewritten to avoid any concern of plagiarism. I will also be adding a few things as I expect the story to be 50% real-50% fiction (to keep the story moving forward and to appeal to readers).
Is using the emails an invasion of privacy?

I would just like to have my bases covered before I get started on the story. I'd hate to get it fully written and find out I can't publish.

Thanks!!

Are you in the US, Finnegan? Publishing laws vary in significant ways depending on which country you are in. I agree with the others that having a publishing law professional review your manuscript prior to publication is smart.

Any traditional publisher will require that you have written authorization from any "character" in your book who is identified by name or identifiable by content, and/or will require that you take on all liability for the content. If you are self-publishing, liability insurance is something you need to seriously consider. I would not think about publishing a book based on real people and real events without it.

There are many laws you need to consider when writing about real people. You have privacy rights issues, publicity rights issues, defamation issues and, if you are intending to use someone else's written communications in your book, you have copyright issues - all of these regardless of your country of origin. You have not only potential problems with the 50% of your book that is true (because one man's truth is another man's fiction), you also have potential problems with the 50% that you invent (the fictional elements can work to put your real life character in a false light, to which the real life person may object).

Again, seeking out assistance from a publishing law professional in your area of the world is advised, so proper permissions can be acquired and proper editing can be done, this to best ensure your book does not result in a costly lawsuit filed against you.

Good luck.

 

[Finnegan]

I won't be using his name, not sure why anybody thinks that. I would be using his likeness; his name and any others changed.

He knows full well that I plan to seek publication and he's aware I'm using his emails. Again, he never asked me not to or objected. When it originally came up he joked that nobody would read it, nothing more.

And since the emails will be rewritten I don't see how they qualify for any copyright.

 

[quincy]

What is the name of your US state or, if not in the US, what is the name of your country? Laws vary from country to country (and from state to state in the US).

I won't be using his name, not sure why anybody thinks that. I would be using his likeness; his name and any others changed.

If someone is IDENTIFIABLE by the content, the character does not have to be named for a lawsuit to result. A likeness alone can spawn a lawsuit. In your search bar, put in the words "The Red Hat Club lawsuit" and see how author Haywood Smith was sued for defamation for using the likeness of a real person - and the author lost the lawsuit. He is far from the only author who has been sued and lost for using a likeness of a real person in a book.

He knows full well that I plan to seek publication and he's aware I'm using his emails. Again, he never asked me not to or objected. When it originally came up he joked that nobody would read it, nothing more.

That is all well and good - unless or until your book starts making a profit (even though your friend could be right and your book will not attract any sales or interest). If the book DOES start to make a profit, however, your friend could very well demand a cut of the profits or sue you over his portrayal in the book.

If you get a release from him (allowing for the use of his name, likeness, personality, story), you do not have to worry (as much, at least) about him suing you over what you write.

And since the emails will be rewritten I don't see how they qualify for any copyright.

The emails may not have any copyright protection that you need to worry about. But you were the one who posted your questions in the copyright section of the forum, so that is why this particular issue was addressed. You have more to worry about in using your friend's likeness in a part fiction/part non-fiction book than you probably do with copyrights in emails.

Again the recommendation is to have your manuscript reviewed by a publishing law professional, in whatever area of the world you happen to reside, prior to thoughts of publication.

 

[Finnegan]

I'm in Wisconsin.

I was actually just reading the other day a loophole some authors have used when blamed for basing a character on someone.

Also, I went back through some more texts and discovered that we touched on the topic again just last month. I asked him if I could write a story inspired by what we had and his exact response was "That's okay." I vaguely remember another conversation about it so I'll keep looking back to see if I can find it. I am also going to contact one or two of my publishers and get their opinion.

 

[quincy]

I'm in Wisconsin.

I was actually just reading the other day a loophole some authors have used when blamed for basing a character on someone.

Interesting. Does this "loophole" prevent lawsuits?

Also, I went back through some more texts and discovered that we touched on the topic again just last month. I asked him if I could write a story inspired by what we had and his exact response was "That's okay." I vaguely remember another conversation about it so I'll keep looking back to see if I can find it. I am also going to contact one or two of my publishers and get their opinion.

If you believe that a text saying "That's okay" will prevent a lawsuit, so be it. A release form is what is used and what publishers will demand.

If you already have "one or two publishers," I am curious why you are here asking questions about what you can publish.

Good luck to you, Finnegan.

 

[Proserpina]

I'm in Wisconsin.

I was actually just reading the other day a loophole some authors have used when blamed for basing a character on someone.

Also, I went back through some more texts and discovered that we touched on the topic again just last month. I asked him if I could write a story inspired by what we had and his exact response was "That's okay." I vaguely remember another conversation about it so I'll keep looking back to see if I can find it. I am also going to contact one or two of my publishers and get their opinion.

I'd be seeing an attorney if I were you.

 

[Finnegan]

Um, because both are small publishers outside the US and as has been stated, laws are different. They may not know. Sorry if my asking is bothersome, but this is a legal forum and my questions have all been legal based.

 

[quincy]

Um, because both are small publishers outside the US and as has been stated, laws are different. They may not know. Sorry if my asking is bothersome, but this is a legal forum and my questions have all been legal based.

There is no problem with you asking questions, Finnegan. You are receiving answers to your questions and all of the answers provided to you have been "legal based." I was just curious why you are asking about publishing laws here when you apparently have a publisher (or two).

And now you have complicated matters a bit.

If you intend to publish your book outside the US, the laws of the country where you publish will need to be considered as well as those in the US (if you are sued, you will likely be sued in the US).

Most countries have "personality rights" laws but they vary in some substantial ways from the US. You need to consider these laws because your publisher will be constrained by them. In addition, the defamation laws of other countries tend to be far more harsh than the ones in the US.

What other country is involved in the publication of your book? What other questions do you have?

You will still be advised to seek out the help of a publishing law professional, for a review of your manuscript prior to publication, though.

 

[Finnegan]

Allow me to further complicate things! I am not actually going to send this piece to either of the out of country publishers. Don't get me wrong, I love them and the editors, etc. But they specialize in LBGT fiction; which this story will not be. I was kind of hoping it would be my first full novel (instead of short story or novella) and help me lend a proper literary agent.

Would it help any if I changed settings and wrote the emails from scratch? You know, make it one of those stories based on real events?

 

[quincy]

Allow me to further complicate things! I am not actually going to send this piece to either of the out of country publishers. Don't get me wrong, I love them and the editors, etc. But they specialize in LBGT fiction; which this story will not be. I was kind of hoping it would be my first full novel (instead of short story or novella) and help me lend a proper literary agent.

Would it help any if I changed settings and wrote the emails from scratch? You know, make it one of those stories based on real events?

If you intend to base your book, in whole or in part, on a real person, you are advised to get permission (a release) from that person.

You do not avoid a lawsuit if you make-up the content of emails that will be sent by your character, if your character is based on a real person and that person does not like the content of these fictional emails or the direction you are taking the character.

Again I refer you to "The Red Hat Club" by Haywood Smith.

When I have the chance, I will provide links to not only information on the Smith book but on several others who used real people to character their books, and who later regretted it when they were sued.

 

[Finnegan]

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.

 

[Silverplum]

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.

Quincy is very precise. If he didn't write it, don't infer it.