Comments on: Non-fiction writing – finance, copyright and libel http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/ the business and craft of writing Tue, 27 Jul 2010 11:36:13 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Fiona Veitch Smith http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-21647 Fiona Veitch Smith Mon, 11 Jan 2010 09:21:48 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-21647 Hello Brandon. Your publisher's legal team should be able to advise you on this. If you are self-publishing, the safest thing to do is to get legal advice from a registered lawyer / solicitor. The Society of Authors (or whatever your country's equivalent is eg Writers Guild of America) will be able to give you a list of lawyers who deal in publishing / media. I am not a lawyer, but I would suggest you get everyone you quoted in the book to sign a release form stating that they give permission for you to use the quote - and then actually have the quote written on the release form. Verbal permission can be recanted or denied if there is ever a dispute and it will be hard for you to prove that you got it in the first place. Good luck with it. Hello Brandon. Your publisher’s legal team should be able to advise you on this. If you are self-publishing, the safest thing to do is to get legal advice from a registered lawyer / solicitor. The Society of Authors (or whatever your country’s equivalent is eg Writers Guild of America) will be able to give you a list of lawyers who deal in publishing / media. I am not a lawyer, but I would suggest you get everyone you quoted in the book to sign a release form stating that they give permission for you to use the quote – and then actually have the quote written on the release form. Verbal permission can be recanted or denied if there is ever a dispute and it will be hard for you to prove that you got it in the first place. Good luck with it.

]]> By: BRANDON http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-21439 BRANDON Wed, 06 Jan 2010 22:25:31 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-21439 I AM PUBLISHING A AUTOBIOGRAPHICAL QUOTE BOOK WITH A SERIES OF ILLICIT SHORT STORIES RELATED TO THE QUOTES. I HAVE KEPT ALL THE QUOTES, SAID IN A PUBLIC FORUM, FROM MY FRIENDS AND ACQUANTENCES FOR THE LAST 12 YEARS WITH THE DATES AND TIMES THAT THEY SAID THE QUOTE. I HAVE FINALLY COMPILED THE STORIES TOGETHER INTO A 425 PAGE BOOK. I HAVE NOT CHANGED ANY NAMES AND HAVE TRIED TO CONTACT EVERY PERSON INVOLVED IN THE BOOK. I HAVE RECIEVED GREAT FEEDBACK AND 99% OF EVERYONE INVOLVED HAS BEEN EXCITED TO BE IN THE BOOK. I AM ONLY USING FIRST NAMES AND HAVE LEFT OUT ALL BUT THE MOST BASIC DESCRIPTION OF THE MAIN RE-OCCURING CHARACTERS AND HAVE TRIED TO PUT EACH PERSON IN A POSITIVE LIGHT. MY ONLY CONCERN IS THAT THIS BOOK COVERS A WIDE RANGE OF TOPICS AND IS HEAVILY LACED WITH SEX, DRUGS AND ALCOHOL ABUSE. ON MY COPYRIGHT PAGE DO I NEED TO PUT SOMETHING ON IT THAT STATES IT IS MY OPINIONS WITHIN? SOMETHING IN ORDER TO PROTECT MYSELF INCASE OF DEFIMATION OF CHARACTER OR SOMETHING LIKE THAT? THERE ARE A COUPLE FAMOUS PEOPLE INVOLVED IN THE BOOK AND A TV PERSONALITY, THEY HAVE ALL GIVEN ME VERBAL PERMISSION TO KEEP THERE QUOTES AS IS AND INCLUDE THEM IN THE BOOK. ANY ADVICE WOULD HE APPRECIATED. I AM PUBLISHING A AUTOBIOGRAPHICAL QUOTE BOOK WITH A SERIES OF ILLICIT SHORT STORIES RELATED TO THE QUOTES. I HAVE KEPT ALL THE QUOTES, SAID IN A PUBLIC FORUM, FROM MY FRIENDS AND ACQUANTENCES FOR THE LAST 12 YEARS WITH THE DATES AND TIMES THAT THEY SAID THE QUOTE. I HAVE FINALLY COMPILED THE STORIES TOGETHER INTO A 425 PAGE BOOK. I HAVE NOT CHANGED ANY NAMES AND HAVE TRIED TO CONTACT EVERY PERSON INVOLVED IN THE BOOK. I HAVE RECIEVED GREAT FEEDBACK AND 99% OF EVERYONE INVOLVED HAS BEEN EXCITED TO BE IN THE BOOK. I AM ONLY USING FIRST NAMES AND HAVE LEFT OUT ALL BUT THE MOST BASIC DESCRIPTION OF THE MAIN RE-OCCURING CHARACTERS AND HAVE TRIED TO PUT EACH PERSON IN A POSITIVE LIGHT. MY ONLY CONCERN IS THAT THIS BOOK COVERS A WIDE RANGE OF TOPICS AND IS HEAVILY LACED WITH SEX, DRUGS AND ALCOHOL ABUSE. ON MY COPYRIGHT PAGE DO I NEED TO PUT SOMETHING ON IT THAT STATES IT IS MY OPINIONS WITHIN? SOMETHING IN ORDER TO PROTECT MYSELF INCASE OF DEFIMATION OF CHARACTER OR SOMETHING LIKE THAT? THERE ARE A COUPLE FAMOUS PEOPLE INVOLVED IN THE BOOK AND A TV PERSONALITY, THEY HAVE ALL GIVEN ME VERBAL PERMISSION TO KEEP THERE QUOTES AS IS AND INCLUDE THEM IN THE BOOK. ANY ADVICE WOULD HE APPRECIATED.

]]> By: Fiona http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-2891 Fiona Thu, 07 Aug 2008 08:15:14 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-2891 Glad to be of help Lorraine. Memoirs are always tricky. I remember reading David Niven's 'Bring on the Empty Horses' where he didn't give names to some of the more scandalous Hollywood characters, but gave loads of hints! Good luck with the book. Glad to be of help Lorraine. Memoirs are always tricky. I remember reading David Niven’s ‘Bring on the Empty Horses’ where he didn’t give names to some of the more scandalous Hollywood characters, but gave loads of hints! Good luck with the book.

]]> By: Lorraine http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-2889 Lorraine Thu, 07 Aug 2008 08:06:33 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-2889 Excellent and comprehensive overview Fiona. I'm currently researching libel in relation to memoirs (not mine) - it's a tricky area but your advice is a good start. Excellent and comprehensive overview Fiona. I’m currently researching libel in relation to memoirs (not mine) – it’s a tricky area but your advice is a good start.

]]> By: Fiona http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-2247 Fiona Tue, 10 Jun 2008 07:50:13 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-2247 Dear Sharie. As I've said, I am not a lawyer so whatever I say is my opinion and nothing more. For something as controversial as this I strongly suggest you take your manuscript to a qualified lawyer. The American Society of Journalists and Authors http://www.asja.org/ will likely be able to suggest someone appropriate. My opinion, and that's all it is, is that you will still be open to libel. The fact that this has already been in the press does not impact on the situation. It seems, from what you say, that you are only a public figure because of this 'story'. The public figure defence, as far as I can tell, only applies when a judge deems it in the public interest for the information to be made public - for example if a politician is exposed for hypocricy. This has an impact on the public in that it is in their best interest to be informed of the hypocricy so that they will be better equipped to decide who to vote for. Your situation appears to be different - although the judicial corruption aspect would fall under it. Has there been an official finding of judicial corruption or does it still remain an accusation? If the former, then you are on safer ground, if the latter, then it's very dangerous ground. But again I say, get an expert to look at it. Good luck! Dear Sharie. As I’ve said, I am not a lawyer so whatever I say is my opinion and nothing more. For something as controversial as this I strongly suggest you take your manuscript to a qualified lawyer. The American Society of Journalists and Authors http://www.asja.org/ will likely be able to suggest someone appropriate. My opinion, and that’s all it is, is that you will still be open to libel. The fact that this has already been in the press does not impact on the situation. It seems, from what you say, that you are only a public figure because of this ’story’. The public figure defence, as far as I can tell, only applies when a judge deems it in the public interest for the information to be made public – for example if a politician is exposed for hypocricy. This has an impact on the public in that it is in their best interest to be informed of the hypocricy so that they will be better equipped to decide who to vote for. Your situation appears to be different – although the judicial corruption aspect would fall under it. Has there been an official finding of judicial corruption or does it still remain an accusation? If the former, then you are on safer ground, if the latter, then it’s very dangerous ground. But again I say, get an expert to look at it. Good luck!

]]> By: Sharie Heading http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-2244 Sharie Heading Mon, 09 Jun 2008 23:25:38 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-2244 Dear Ms. Smith, I have been trying to research the defamation and Libel aspects for my nonfiction book I am about to publish. I have questions...maybe you can help..This is a true story and I am actually in the story and so is my family and my ex-husband and his exwife and my step daughter, we are the main characters of this story and the court house and the District Attorney and all involved here...it is a child custody story that involves judicial corruption. It has been in the US news and news papers and the German News papers on TV broadcast..so we are all public figures at this point, the story has appeared in a magazine article and I had an option for a movie at one point. This has all been before I wrote the book...I have now written the book 10 years later...I wish to publish it. It has all the makings of a best seller..IF i don't change a thing...( keeping all real names and characters in place). It has sex drugs,death threats,judicial corruption, you name it!) the children are all grown now, the subject child is 24 years old now... Do I have to change the names and alter the story to keep from being sued by the opposing parties or are we still all public interest figures? the story will not be the same and have the same impact if I have to change it. Thank You for your input, Sharie Heading sharieheading@yahoo.com Dear Ms. Smith,

I have been trying to research the defamation and Libel aspects for my nonfiction book I am about to publish. I have questions…maybe you can help..This is a true story and I am actually in the story and so is my family and my ex-husband and his exwife and my step daughter, we are the main characters of this story and the court house and the District Attorney and all involved here…it is a child custody story that involves judicial corruption. It has been in the US news and news papers and the German News papers on TV broadcast..so we are all public figures at this point, the story has appeared in a magazine article and I had an option for a movie at one point. This has all been before I wrote the book…I have now written the book 10 years later…I wish to publish it. It has all the makings of a best seller..IF i don’t change a thing…( keeping all real names and characters in place). It has sex drugs,death threats,judicial corruption, you name it!) the children are all grown now, the subject child is 24 years old now…

Do I have to change the names and alter the story to keep from being sued by the opposing parties or are we still all public interest figures?
the story will not be the same and have the same impact if I have to change it.

Thank You for your input,

Sharie Heading
sharieheading@yahoo.com

]]> By: Non-fiction - how to write a proposal at The Crafty Writer http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-614 Non-fiction - how to write a proposal at The Crafty Writer Mon, 26 Nov 2007 06:11:23 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-614 [...] Next week, in our eighth and final session we will be looking at copyright, libel and finance. [...] [...] Next week, in our eighth and final session we will be looking at copyright, libel and finance. [...]

]]> By: Non-fiction Writing course at The Crafty Writer http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-613 Non-fiction Writing course at The Crafty Writer Mon, 26 Nov 2007 06:09:31 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-613 [...] Copyright, libel and finance. [...] [...] Copyright, libel and finance. [...]

]]> By: Fiona Veitch Smith http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-598 Fiona Veitch Smith Sat, 24 Nov 2007 21:37:36 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-598 Well it's a little known fact that as part of my first degree I did media law. I didn't do particularly well, but I passed! I was also involved in two libel cases in South Africa (one relating to a gay Albanian monk, the second to a racially aggravated bullying incident); thankfully, both cases were dropped, but I had to do some vigorous defence! Well it’s a little known fact that as part of my first degree I did media law. I didn’t do particularly well, but I passed! I was also involved in two libel cases in South Africa (one relating to a gay Albanian monk, the second to a racially aggravated bullying incident); thankfully, both cases were dropped, but I had to do some vigorous defence!

]]> By: Verica Peacock http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/comment-page-1/#comment-595 Verica Peacock Sat, 24 Nov 2007 18:35:30 +0000 http://www.thecraftywriter.com/2007/11/23/non-fiction-writing-finance-copyright-and-libel/#comment-595 The variety and depth of your knowledge amazes me, Fiona! Verica The variety and depth of your knowledge amazes me, Fiona!
Verica

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