writing a non-fictional novel with very sensitive nature.... what are the rules?

[Meganoz25]

What is the name of your state? Ohio

Alright, so I am in the process of writing a non-fictional novel regarding my childhood and the drug and alcohol addictions of my parents. In this process there are a number of individuals that take very negative roles in my life along side my parents... such as family friends, and relatives. I am unsure as to the actual legal aspects of my actions. Is it best to change the names and make a note of this or am I legally allowed to tell my story with the names of the people involved, as long as it is the whole truth? And if I am allowed to do this, if someone were to attempt to sue me, does it become a matter of he said, she said? I would love any advice possible so that I know more accurately how to continue in my venture.

Thanks so much,

Megan Osborne

 

[meganproser]

The answer to your question depends on too many variables to say. I would suggest writing the book using real names. If you find a publisher, he/she will decide whether or not to change the names.

Good luck!

*I am NOT an attorney.

 

[Meganoz25]

I was looking for more than that!!

I do not intend to disrespect anyone who attempt to offer advice, however Meganproser, are you a law student of some sort? I ask this because I have noticed that you seem to comment or offer advice to many people's questions.
As I said I am not trying to be rude at all, but I myself know a little bit about libel, defamation.... and so on, I have studied the law in college a bit, but what I am really after is the actual LAW itself. A publisist simply tells you that you need to seek the advice of an attorney because they are NOT the law. But thanks for your try anyways!

I am almost ready to turn in my manuscript and I do not want any lawsuits sprouting up from the dark corners of people who think they can make a buck. So please if someone knows what the actual LAWS are surrounding this type of situation I would be greatful to know.

 

[rmet4nzkx]

Megan is a law student who has a lot to learn.
I am not an attorney, but a forensic expert witness, published in professional journals and a non fiction book in the progress involving legal issues.
Essentially you can say anything that is ture, however you will need proof, it is very likely, due to the nature of your book, some of what you consider fact may lack adequate proof and be more opinion which may get you into trouble.
Also, laws were different at that time, so today's perspective may be different than the standards of the day, or expectations, even of children. Writing the book, was therapeutic, no doubt, have you retained an editor? The can help you proof the book and resolve these issues, we can't do that here.

My suggestion would be to change the names to protect everyone and anything that could identify them, city names, possibly even state, with an appropriate disclaimer. Then follow your editor's advice. Once you have a contract with your publisher, their legal department should review it. If you are publishing this type of book on a vanity press you are opening yourself up to legal consequences and you won't have access to the expertise a formally published book would have.

 

[Meganoz25]

Thank you

Thank you for your helpful advice. I had heard in the past thatI could have the persons in the book sign waivers, however throughout the process there have been to many people. This whole scenerio that I am writing about took place from the early 80's until the present day. But I started the book a few years ago. I do understand what you are saying in terms of it being veiwed as my opinion. I do have court testimony as to some of the incidents that I discuss, as well as contributions in my book, from siblings and other relatives. Maybe that will help, however I might very well be better off changing the names and places of origin as you suggested.
No I do have an editor yet, I have been researching my options, as well as looking into getting it copyrighted as I was instructed by a prefessor. Do you believe this is a valuable step? In looking into the publishing aspect I found that there are a million routes these days in which you can go. I am sure being a published writer you you heard of POD, do you have any comment on this type of publishing? I am not 100% sure where to go from here. I am just trying to simply tie up loose ends and cover my ass.
I appreciate your advice. Thank you.

 

[rmet4nzkx]

Of course you need waivers to use names, even to use recognizable characters so get wiavers no matter whether you change their names or not. Public record is public record, however you must get the permission of the court reporter and or transcription company if you use those. Have copies of all original sources including your notes and drafts. You can do a poor man's copyright by sending yourself a copy, the post mark is the date and don't open the package.
Your editor will walk you through the process, I would suggest going through a traditional publisher rather than any type of electronic publication unless all you want to do is get your story out.

 

[meganproser]

>>As I said I am not trying to be rude at all, but I myself know a little bit about libel, defamation.... and so on, I have studied the law in college a bit, but what I am really after is the actual LAW itself.

There is no harm in you asking about my background, though I will decline to answer the question. I must say though that Rmet’s bald assertion that I am a law student is false.

If you know even a little about defamation, you should know that no one could responsibly advise you to use real names in your book without knowing every single statement made in the book and whether or not the truth of those statements can be proven.

Defamation is not the only claim you may be liable for when you write such a book. The bottom line is you are risking a lawsuit by writing such a book and using real names. You may win a suit, but the cost of defending will be considerable. Are you that compelled to use real names?

I was hasty in recommending that you write it with REAL names and change it later if necessary. Clearly, it would be smarter to do just the opposite…use fictional names unless and until you get the approval to insert the real names.

>> A publisist simply tells you that you need to seek the advice of an attorney because they are NOT the law. But thanks for your try anyways!

Your PUBLISHER will make a decision about the legalities of the book. The publisher shares your interest in avoiding a lawsuit because the publisher will be sued along with the author.

>> So please if someone knows what the actual LAWS are surrounding this type of situation I would be greatful to know.

There are plenty of books available to advise you on how to get published. Most of them explain the publishing process…including the fact that the legalities are normally handled by the publisher.

Your local library will have a copy of the “Writer’s Digest” in their reference section. If you have not yet looked through the 2005 edition, you will benefit from doing so.

Best of luck to you with your book and congratulations on what you’ve accomplished thus far!

 

[Shay-Pari'e]

Megan is a law student who has a lot to learn.
I am not an attorney, but a forensic expert witness, published in professional journals and a non fiction book in the progress involving legal issues.
Essentially you can say anything that is ture, however you will need proof, it is very likely, due to the nature of your book, some of what you consider fact may lack adequate proof and be more opinion which may get you into trouble.
Also, laws were different at that time, so today's perspective may be different than the standards of the day, or expectations, even of children. Writing the book, was therapeutic, no doubt, have you retained an editor? The can help you proof the book and resolve these issues, we can't do that here.

My suggestion would be to change the names to protect everyone and anything that could identify them, city names, possibly even state, with an appropriate disclaimer. Then follow your editor's advice. Once you have a contract with your publisher, their legal department should review it. If you are publishing this type of book on a vanity press you are opening yourself up to legal consequences and you won't have access to the expertise a formally published book would have.

Megan is not a law student RMET. No Legal background at all.

ADMIN? Private Messaging?

 

[meganproser]

Paradise, you don't know me or anything about me. I have told you what I am NOT and given you no indication at all, of what I AM. Please refrain from making ignorant statements about me and I will extend the same courtesy to you.

 

[rmet4nzkx]

Megan is not a law student RMET. No Legal background at all.

ADMIN? Private Messaging?

I based it on previous posts where she was arguing with one of the 4 horseman I think, I could look it up, where it was claimed that she studied the law, which was in that instance was represented as a law student. I believe that is why she put the disclaimer on. Remember, in the past we didn't have law schools and people "read the law" such as A. Lincoln, in may places one can sit under the tuition of an attorney or judge and later take and pass the bar, in fact, restrictions for the bar became restricted to law school graduates because too many legal secretaries were passing the bar.

I noticed the recent change this morning, I went in and made room in my MB.

 

[meganproser]

RMET, there have been quite a few posts from others who stated that I am a law school student. These statements were pure supposition on their part. I have never stated that I am, was, or will be in law school. I may have mentioned studying something, but that is because I am always studying SOMETHING, lol.

I've never given any indication of my background and I have no plans to do so. It's my contention that anyone reading these forums should verify all free advice before acting on it, regardless of the stated credentials of the advisor.

Too many people assume that if advice comes from an attorney, it must be correct. If only!

In the interest of laziness, this morning I forced myself to set an auto signature. Less work in the long run than adding a disclaimer manually, as I have been doing.

You must have missed the memo. For Heaven's sake get in touch with Paradise so she can advise you on current policy regarding interaction with me, lol.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Ohio

I am in the process of writing a non-fictional novel

My response:

Did anyone else get a laugh when they read that?

Megan - - before you write your "non-fiction novel", you'd do well to get your terms straight, and understand the difference between "non-fiction" and "novel".

IAAL

 

[rmet4nzkx]

You must have missed the memo. For Heaven's sake get in touch with Paradise so she can advise you on current policy regarding interaction with me, lol.

I have no idea what you are talking about, memo? Interaction with you? Are you parinoid or just a person who doesn't know what you don't know?

 

[meganproser]

I was just kidding about a memo.

I may be paranoid...I know all of the people who are chasing me keep insisting I am.

Roses are red,
Violets are blue,
I'm schizophrenic
and so am I.

Just kidding again, don't call the Nut Hut just yet!

 

[Shay-Pari'e]

RMET, there have been quite a few posts from others who stated that I am a law school student. These statements were pure supposition on their part. I have never stated that I am, was, or will be in law school. I may have mentioned studying something, but that is because I am always studying SOMETHING, lol.

I've never given any indication of my background and I have no plans to do so. It's my contention that anyone reading these forums should verify all free advice before acting on it, regardless of the stated credentials of the advisor.

Too many people assume that if advice comes from an attorney, it must be correct. If only!

In the interest of laziness, this morning I forced myself to set an auto signature. Less work in the long run than adding a disclaimer manually, as I have been doing.

You must have missed the memo. For Heaven's sake get in touch with Paradise so she can advise you on current policy regarding interaction with me, lol.

I don't need to advise anyone on how to deal with you. They can figure it out all by themselves.