Jennifer, legal risk is usually triggered when other people recognize a character in your work as a real person. If someone recognizes themselves, it is not enough. However, they mention that the person you want to write about was a client. You should consider whether you have a professional or ethical obligation not to disclose personal information about your clients. As a lawyer, I certainly do. Hi Helen – so happy I found this site. I wrote a work of literary fiction that uses much of my personal life as a background. The story is about a woman who moves with her family from a large metropolitan area to her husband`s small hometown – something that happened in my own life. The transition is difficult for the wife because her husband`s family is intrusive, critical and arrogant. The husband again coincides with old friends, has an inappropriate relationship with a neighbor.
These are all things that have happened to me. I created a fictionalized version of events in which the woman loses her mind and begins plotting elaborate revenge against the lover and others she believes has hurt her. I basically took a number of real-life events and used them as a starting point for the story. Referring to the laws and the extended family, I exaggerate their rural dialect, their level of intelligence and, of course, I change their names. The content contains references to many real-world events. For example, my father-in-law`s outrageous behavior at my son`s sporting events, my NDE entering my house and rearranging furniture, and the fact that the grandmother insists that everyone in the family sleep at her house on Christmas Eve. The mistress is portrayed as she is, albeit in exaggerated words. Some characters are collections of traits from other people I know.
In short, chances are people can recognize elements of themselves, if only because of their relationship with the main character who shares my true life story. Their actions are true (for example, the husband`s boyfriend who proposes to me, the mother-in-law who is pregnant at 16, an aunt who refuses to give the husband a job because he would not help her carry food at 13) or so exaggerated that they would not know it. Most of the play consists of an ongoing therapy session of the main characters, punctuated by journal entries and vengeful actions. I think of a pseudonym because it is not my intention to come out, embarrass or hurt anyone, but I wonder if I expose myself to possible liability? I`m starting to get publishers interested and I`m nervous about moving forward. Alicia, Many municipalities have Arts Lawyers organizations through which lawyers offer their services free of charge or at heavily discounted prices. In addition, many lawyers will work within a writer`s budget if asked. We want to give back to our communities. Another type of invasion of privacy is called false light. Let`s say you post a photo of a criminal arrest. Jane Doe, a spectator, appears in the photo, a true fact. If the photo gives the impression that Jane has been arrested and you do not take reasonable steps to dispel this impression, Jane could sue you for misrepresenting her.
Simply being negligent can put your wealth at risk. When signing a commercial contract, use your full company name. If you have registered, your company is a separate entity and must be treated as such in the contract. Your official name as an individual should not be listed. Make sure that if another entity presents you with a contract, all legal names are spelled correctly. Passive: The [recipient] settlement was written by the author [actor]. Active: The author [actor] wrote [verb] the [recipient] settlement. Passive constructions are confusing when used in regulations. Active sentences must have actors, but passive sentences are complete without them. From what I see on your website, it seems wiser to write a fictionalized novel rather than a series of essays, and to change the names of everyone involved to avoid identifying characteristics, including the deceased main character. Besides the people, all events are either my own memories or public records – of his murder and other crimes committed. Depending on the article you write, you may also find secondary sources such as legal dictionaries, legal reports, and academic journals that will help you with your research.
For example, you need both primary and secondary sources to establish binding and persuasive authority. I wrote a personal story that expresses my opinions and perceptions about discrimination. I compare my male colleagues to myself. I note that the poor implementation of company policy has contributed to a gender pay gap. I refer to other authors and include these sources in my bibliography. I do not think anyone can be identified, and I have evidence to support my statements. Nevertheless, I was told that I would be sued for defamation if I published, even anonymously. The law of my country states that an accused must prove his personal opinion, which is exactly what my personal experience, perception, observation and narrative opinion are. So how can I be prosecuted? 2. How does an author usually compensate for the subject of his writing? In that case, even if it`s loosely based on their lives, should I create a contract that says % of a few $A few (assuming it ever happens)? Again, she gave me tons of ideas from her own life story, I feel compelled that she owns some of it, even if she`s not a writer. Angela, I`m sorry, but I can only give general legal information, no specific advice about your situation. If you look at my recent answers, you will see my summary of the risks.
As a teacher of minors, especially those with disabilities, you may be subject to stricter confidentiality obligations. These would be specific to your condition. So you should go above and beyond most writers to protect the privacy of your students and their families. Use the legal writing tips above as a starting point. Remember to always be open and use constructive feedback and criticism. I read this article hoping that there was a way I could prevent a “writer” from stealing precious moments from my life for his own benefit. and instead of finding ways to prevent it, I find people who are looking for ways to continue the practice without accountability. Disgusting. Gabriel, it`s no surprise that you`re confused about data protection law, as court decisions are contradictory. They generally reflect the judge`s or jury`s instinctive feelings about fairness and privacy.
That`s why it`s so hard to give definitive answers to questions like yours. However, a data protection claim is not limited to the disclosure of criminal activity. Events such as the ones you describe call into question a person`s competence and can be considered sufficiently damaging to establish a legal claim. Yes, legally, it would be safer to change names and characteristics, whether you write the story as fiction or non-fiction. When it comes to disclosing potentially dangerous private information, you have to make so many changes that your characters are not recognizable by third parties. Mark, whether it is a disclosure of private or defamatory information is a case-by-case decision. Yes, in general, information contained in publicly available material is not considered private, although there have been cases where a writer discovered an arrest 20 years earlier and was held responsible for the invasion of privacy. Even if you discover an arrest but don`t inform your readers that the person was ultimately exonerated, you can be held liable for defamation by omitting important information. Changing your name is always a good idea, as it`s harder for someone to make and approve a claim. At the very least, it will help you avoid nasty emails. To impose a legal obligation, use “must”. To predict future actions, use “will.” DO NOT SAY: Let the governor approve it.
SAY: The governor must approve it.
