Legal Issues

How Memoirists Can Mitigate the Risk of Violating Libel Laws

Greg Victoroff, Esq. — Mon, 11 Nov 2019 16:49:44 GMT

Current Revision posted to Legal Issues by Greg Victoroff, Esq. on 11/11/2019 4:49:44 PM

Writing true-life stories can subject authors to a “minefield” of potential risks, says Greg Victoroff, Esq., partner at Greg Victoroff & Associates. There are a couple laws and rights to keep in mind. Libel laws protect people against defamation, which is an untrue statement that subjects someone to embarrassment or hatred from society. Memoirists should take special care to ensure their words could not be misinterpreted to say one thing when they mean another. Privacy rights are another issue. If you publicly disclose a private fact about someone, this can result in legal liability for you. Remember to be careful when writing a memoir, and discuss what you're going to write with the people you are writing about.

The material contained in this video is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation.

www.authorlearningcenter.com/.../HowMemoiristsCanMitigatetheRiskofViolatingLibelLaws.mp4

Tags: Nonfiction, Biographies and Memoirs, video

How Authors Can Protect Themselves From Liability When Writing Nonfiction

Carla Norton — Tue, 15 May 2018 19:25:07 GMT

Current Revision posted to Legal Issues by Carla Norton on 5/15/2018 7:25:07 PM

All writers, not just nonfiction writers, need to consider potential legal issues such as libel. Even fiction writers can be accused of writing stories based on real or recognizable people. It's important to use caution in all writing, says award-winning, bestselling author Carla Norton. As a former journalist and writer of both true crime books and crime fiction novels, Norton shares the rules that she follows to ensure she is protecting herself from liability. She advises writers to make sure anything they are stating as fact in their writing is 100% a fact. She also advises making it clear that they are speculating about something if they aren't 100% certain it is fact or don't have the reliable source to back it up.

www.authorlearningcenter.com/.../How-Authors-Can-Protect-Themselves-From-Liability-When-Writing-Nonfiction.mp4

Tags: Nonfiction, Subscriber, video

Libel Basics and Tips for Avoiding a Defamation Lawsuit as an Author - article

Author Learning Center — Wed, 31 Jan 2018 14:26:06 GMT

Current Revision posted to Legal Issues by Author Learning Center on 1/31/2018 2:26:06 PM

Disclaimer: This article provides an overview of the basic principles of defamation law in the United States. The material contained in this article is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation.

The freedom of speech is an important right in America—one that is protected by the first amendment. But as an author, you must use caution when writing about others, or you could end up with a lawsuit on your hands.

Law makers strive to find a balance between freedom of speech and protecting individuals. It's a constant struggle, and libel isn't an exact science—there's a lot of grey area. So how can an author avoid a defamation lawsuit when writing a book? How do you know what you can and cannot publish? To successfully navigate the murky waters of libel law, you must understand the definition of libel and follow some basic dos and don'ts to avoid a defamation lawsuit.

What is libel?

Libel is the publication of a false statement that hurts someone's reputation. It is one of the two forms of defamation—slander being the other form, which is a defaming statement that is spoken, instead of written. Defamation is the umbrella term for libel or slander.

Who can sue for libel?

Laws vary from state to state, but in most cases, any individual, business, not-for-profit, small group, or corporation can sue for defamation. Government bodies cannot sue, but individual politicians can.

What must be proven in a libel lawsuit?

For someone to win a libel lawsuit, they must prove these four things:

1. Falsity: The plaintiff must show that the claim is an untrue statement masquerading as fact.

2. Fault: For private individuals, only negligence needs to be proven. For public figures (such as politicians and celebrities) "actual malice" must also be shown, which means the defaming statement was published without regard of the truth and with the intention of hurting the individual.

3. Damage: The plaintiff must prove that harm was caused by the defaming publication, such as loss of revenue, emotional trauma, or loss of esteem in the eyes of others.

4. Publication: The libelous claim must be read by someone other than the plaintiff and defendant. You don't have to be a bestseller to be the subject of a libel lawsuit. If your book is published, then you're at risk.

Dos and don'ts: How to avoid a defamation lawsuit as an author

Authors are rarely sued for libel, but it does happen. While you can never be 100 percent sure that you're safe (anyone can sue for just about anything these days), there are some basic dos and don'ts that can help protect you against a lawsuit.

Do tell the truth

In a libel case, truth is a defense. A true statement, no matter how scathing, isn't libelous. However, there are other factors to consider.

- Don't make claims based on assumptions or opinions. Adding "in my opinion" before a statement won't save you in a libel case.

- Don't embellish or exaggerate. If your book is nonfiction or memoir, then make sure it is truthful in every detail.

- Don't overlook invasion of privacy laws. Even though a true statement might not be libelous, it could qualify as invasion of privacy, especially for a private individual.

Do consider parody

When you really want to make a bold statement, consider writing a book of parody or satire, which doesn't require you to make truthful statements. It's protected against libel suits, as long as the parody is so ridiculous that no one could mistake it as fact.

Do use a disclaimer

Fiction example: "This is a work of fiction. Names, characters, businesses, places, events, and incidents are either the products of the author’s imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental."

Memoir example: "This book is memoir. It reflects the author’s present recollections of experiences over time. Some names and characteristics have been changed, some events have been compressed, and some dialogue has been recreated."

Don't assume a disclaimer will protect you. While it may help, the disclaimer alone isn't a foolproof solution. Courts can rule these types of disclaimers null and void.

Do hide identities thoroughly

To protect the privacy of individuals in your book and avoid a libel lawsuit, you have to put in the extra work and get creative.

- Don't assume changing names is enough, because it's not. If you make a claim about your doctor and only change the name, people who know you or the doctor might still be able to identify the doctor. Change multiple aspects. Ensure that those who know you or the doctor won't be able to reasonably identify the individual.

- Don't use a recognizable aspect of a person. It is tempting to use certain details about a person that make them interesting, such as wearing a handlebar mustache or riding a Segway—but don't do it. It's easy proof that you are indeed writing about a real person. Instead, get creative and come up with some interesting quirks of your own.

Do use extreme caution for certain claims

Calling someone a crook, prostitute, or corrupt individual is easy bait for a lawsuit, especially if you don't have concrete evidence to back it up. It's better to simply tell your story and let the readers come to their own conclusions. This way, you can avoid labeling a person or business a term that could trigger a big reaction.

Don't make false statements that qualify as libel per se, or libel that is so obviously harmful that the plaintiff doesn't even have to prove damages. According to Cornell Law School, examples include the following claims about an individual:

- Committed crimes of moral turpitude (a crime that's especially vile and against morals)

- Performed acts of unchastity

- Carries a loathsome disease

- Or any other claims that negatively affect the person's profession or business

Do obtain written permission from individuals

- Don't publish sensitive material unless it is critical to the success of your book. Weigh the importance of including material. Is it really worth the risk? Or could you express your point in another way?

- Don't forget to support your claims with evidence. It's good practice to cite sources in your work, plus it can help you defend yourself in a lawsuit. If you cannot find evidence to support a claim, then perhaps it is speculation instead, in which case you should clearly state it as such.

Do speak with a lawyer when publishing sensitive material

When in doubt, speak to a lawyer who specializes in publishing or the First Amendment. It's better to be safe than sorry.

Tags: article, Nonfiction

Libel Basics and Tips for Avoiding a Defamation Lawsuit as an Author - article

Author Learning Center — Wed, 31 Jan 2018 14:21:42 GMT

Revision 2 posted to Legal Issues by Author Learning Center on 1/31/2018 2:21:42 PM

Disclaimer: This article provides an overview of the basic principles of defamation law in the United States. The material contained in this article is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation.

What is libel?

Who can sue for libel?

What must be proven in a libel lawsuit?

For someone to win a libel lawsuit, they must prove these four things:

1. Falsity: The plaintiff must show that the claim is an untrue statement masquerading as fact.

3. Damage: The plaintiff must prove that harm was caused by the defaming publication, such as loss of revenue, emotional trauma, or loss of esteem in the eyes of others.

Dos and don'ts: How to avoid a defamation lawsuit as an author

Do tell the truth

In a libel case, truth is a defense. A true statement, no matter how scathing, isn't libelous. However, there are other factors to consider.

- Don't make claims based on assumptions or opinions. Adding "in my opinion" before a statement won't save you in a libel case.

- Don't embellish or exaggerate. If your book is nonfiction or memoir, then make sure it is truthful in every detail.

- Don't overlook invasion of privacy laws. Even though a true statement might not be libelous, it could qualify as invasion of privacy, especially for a private individual.

Do consider parody

Do use a disclaimer

Don't assume a disclaimer will protect you. While it may help, the disclaimer alone isn't a foolproof solution. Courts can rule these types of disclaimers null and void.

Do hide identities thoroughly

To protect the privacy of individuals in your book and avoid a libel lawsuit, you have to put in the extra work and get creative.

Do use extreme caution for certain claims

- Committed crimes of moral turpitude (a crime that's especially vile and against morals)

- Performed acts of unchastity

- Carries a loathsome disease

- Or any other claims that negatively affect the person's profession or business

Do obtain written permission from individuals

Do speak with a lawyer when publishing sensitive material

When in doubt, speak to a lawyer who specializes in publishing or the First Amendment. It's better to be safe than sorry.

Tags: article, Nonfiction

Libel Basics and Tips for Avoiding a Defamation Lawsuit as an Author - article

Author Learning Center — Wed, 31 Jan 2018 14:20:40 GMT

Revision 1 posted to Legal Issues by Author Learning Center on 1/31/2018 2:20:40 PM

Disclaimer: This article provides an overview of the basic principles of defamation law in the United States. The material contained in this article is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation.

What is libel?

Who can sue for libel?

What must be proven in a libel lawsuit?

For someone to win a libel lawsuit, they must prove these four things:

1. Falsity: The plaintiff must show that the claim is an untrue statement masquerading as fact.

3. Damage: The plaintiff must prove that harm was caused by the defaming publication, such as loss of revenue, emotional trauma, or loss of esteem in the eyes of others.

Dos and don'ts: How to avoid a defamation lawsuit as an author

Do tell the truth

In a libel case, truth is a defense. A true statement, no matter how scathing, isn't libelous. However, there are other factors to consider.

- Don't make claims based on assumptions or opinions. Adding "in my opinion" before a statement won't save you in a libel case.

- Don't embellish or exaggerate. If your book is nonfiction or memoir, then make sure it is truthful in every detail.

- Don't overlook invasion of privacy laws. Even though a true statement might not be libelous, it could qualify as invasion of privacy, especially for a private individual.

Do consider parody

Do use a disclaimer

Don't assume a disclaimer will protect you. While it may help, the disclaimer alone isn't a foolproof solution. Courts can rule these types of disclaimers null and void.

Do hide identities thoroughly

To protect the privacy of individuals in your book and avoid a libel lawsuit, you have to put in the extra work and get creative.

Do use extreme caution for certain claims

- Committed crimes of moral turpitude (a crime that's especially vile and against morals)

- Performed acts of unchastity

- Carries a loathsome disease

- Or any other claims that negatively affect the person's profession or business

Do obtain written permission from individuals

Do speak with a lawyer when publishing sensitive material

When in doubt, speak to a lawyer who specializes in publishing or the First Amendment. It's better to be safe than sorry.

Tags: article, Nonfiction

Legal Issues with Biographies - podcast

David Margolick — Fri, 16 Jun 2017 13:08:28 GMT

Current Revision posted to Legal Issues by David Margolick on 6/16/2017 1:08:28 PM

Are you writing about a sensitive topic in your biography? Listen in as author David Margolick shares his advice for writing stories that contain serious allegations against real people.

www.authorlearningcenter.com/.../DavidMargolickLegalIssueswithBiographies.mp3

Tags: Nonfiction, Subscriber, Biographies and Memoirs, podcast

Legal Issues with Biographies - video

David Margolick — Fri, 16 Jun 2017 13:07:51 GMT

Current Revision posted to Legal Issues by David Margolick on 6/16/2017 1:07:51 PM

Are you writing about a sensitive topic in your biography? Listen in as author David Margolick shares his advice for writing stories that contain serious allegations against real people.

www.authorlearningcenter.com/.../DavidMargolickLegalIssueswithBiographies.mp4

Tags: Nonfiction, Subscriber, Biographies and Memoirs, video

Tips for Writing About Sensitive Topics - video

Janet Heimlich — Mon, 10 Apr 2017 11:12:37 GMT

Current Revision posted to Legal Issues by Janet Heimlich on 4/10/2017 11:12:37 AM

Do authors need liability insurance? If you're an author writing about a sensitive topic, it may be necessary for you to protect yourself against litigation. Janet Heimlich, author and founder of the Child-Friendly Faith Project, strongly recommends liability insurance. It's an affordable way to protect yourself against litigation. Also, make sure to research the material for your book thoroughly and back up your claims with facts and references, which you can include in your book as endnotes.

www.authorlearningcenter.com/.../TipsForWritingAboutSensitiveTopics.mp4

Tags: Nonfiction, Subscriber, Biographies and Memoirs, video

Tips for Writing About Sensitive Topics - podcast

Janet Heimlich — Mon, 10 Apr 2017 11:12:34 GMT

Current Revision posted to Legal Issues by Janet Heimlich on 4/10/2017 11:12:34 AM

www.authorlearningcenter.com/.../TipsForWritingAboutSensitiveTopics.mp3

Tags: Nonfiction, Subscriber, Biographies and Memoirs, podcast

A Writer's Responsibility for Accuracy - podcast

Nina Burleigh — Tue, 28 Mar 2017 13:12:27 GMT

Current Revision posted to Legal Issues by Nina Burleigh on 3/28/2017 1:12:27 PM

Award-winning journalist and author, Nina Burleigh, who wrote the New York Times Bestselling book The Gift of Fatal Beauty (an Amanda Knox story), discusses the responsibility she feels to be accurate and honest in her writing. In this case, she discusses her book that covers the story of Amanda Knox, an American citizen arrested and jailed for murder in Italy. This is a moving interview that illustrates the power of storytelling... and the responsibility of it.

www.authorlearningcenter.com/.../NinaBurleighAWritersResponsibilityforAccuracy.mp3

Tags: Nonfiction, podcast

A Writer's Responsibility for Accuracy - video

Nina Burleigh — Tue, 28 Mar 2017 13:12:22 GMT

Current Revision posted to Legal Issues by Nina Burleigh on 3/28/2017 1:12:22 PM

www.authorlearningcenter.com/.../NinaBurleighAWritersResponsibilityforAccuracy.mp4

Tags: Nonfiction, video

Writing A Memoir: Telling A Good Story vs Factual Accounts - video

Domingo Martinez — Sat, 25 Feb 2017 12:26:49 GMT

Current Revision posted to Legal Issues by Domingo Martinez on 2/25/2017 12:26:49 PM

When writing a memoir, you may struggle with trying to stick to the facts while also protecting yourself legally. Bestselling author Domingo Martinez discusses writing a memoir and avoiding legal issues. When writing his first nonfiction book, he stuck to the facts very closely and didn't change names of people in the events. He learned from this because the book hurt many of his relationships. In his second book, he learned that there are different ways of framing the truth. He told the story truthfully, but without making himself vulnerable to lawsuits.

www.authorlearningcenter.com/.../WritingAMemoirTellingAGoodStoryvsFactualAccounts.mp4

Tags: fiction, Nonfiction, video

Writing A Memoir: Telling A Good Story vs Factual Accounts - podcast

Domingo Martinez — Sat, 25 Feb 2017 12:26:40 GMT

Current Revision posted to Legal Issues by Domingo Martinez on 2/25/2017 12:26:40 PM

www.authorlearningcenter.com/.../WritingAMemoirTellingAGoodStoryvsFactualAccounts.mp3

Tags: fiction, Nonfiction, podcast

Reactions to Nixon’s Gamble and How Writers Give Credibility to Sources - video

Ray Locker — Thu, 02 Feb 2017 16:37:25 GMT

Current Revision posted to Legal Issues by Ray Locker on 2/2/2017 4:37:25 PM

Author Ray Locker experienced two different types of resistance in response to his controversial nonfiction book, Nixon's Gamble. He received direct resistance from individuals that were featured in the book who claimed to have their own version of events. He also received indirect resistance from certain media outlets who chose not to review his book. He highly recommends proper citing of sources when writing nonfiction, especially when the topic has been heavily researched by the writer or contains sensitive material. This can help establish credibility with all parties including agents, publishers, media and audiences.

www.authorlearningcenter.com/.../Reactions-to-Nixon_2700_s-Gamble-and-How-Writers-Give-Credibility-to-Sources.mp4

Tags: Nonfiction, video

Handling True Crime With Sensitivity - podcast

Suzy Spencer — Mon, 09 Jan 2017 00:00:00 GMT

Current Revision posted to Legal Issues by Suzy Spencer on 1/9/2017 12:00:00 AM

Suzy Spencer, true crime author, discusses her approach to covering the famous Andrea Yates murder case, including her effort to do the story justice without re-victimizing the people involved in the case.

www.authorlearningcenter.com/.../PodcastSuzySpencerHandlingTrueCrimeWithSensitivity.mp3

Tags: Nonfiction, Subscriber, True Crime, podcast

Negative Response to Truth - podcast

Linda Joy Meyers — Mon, 09 Jan 2017 00:00:00 GMT

Current Revision posted to Legal Issues by Linda Joy Meyers on 1/9/2017 12:00:00 AM

Linda Joy Meyers, award-winning author and founder of the National Association of Memoir Writers, discusses a common concern for memoir writers... how do you know what to include or leave out of your memoir when including it might hurt your relationships with family or friends? It's a complicated situation and there may be no single answer for every writer. Linda speaks to this issue with clarity, compassion, and personal experience. Listen in as she discusses writing your truth while balancing your concerns for others involved in that truth.

www.authorlearningcenter.com/.../LindaJoyMeyersNegativeResponsetoTruth.mp3

Tags: Nonfiction, Subscriber, Biographies and Memoirs, podcast

Handling True Crime With Sensitivity - video

Suzy Spencer — Mon, 09 Jan 2017 00:00:00 GMT

Current Revision posted to Legal Issues by Suzy Spencer on 1/9/2017 12:00:00 AM

www.authorlearningcenter.com/.../SuzySpencerHandlingTrueCrimeWithSensitivity.mp4

Tags: Nonfiction, Subscriber, video, True Crime

Negative Response to Truth - video

Linda Joy Meyers — Mon, 09 Jan 2017 00:00:00 GMT

Current Revision posted to Legal Issues by Linda Joy Meyers on 1/9/2017 12:00:00 AM

www.authorlearningcenter.com/.../LindaJoyMeyersNegativeResponsetoTruth.mp4

Tags: Nonfiction, Subscriber, Biographies and Memoirs, video

Is a Background in Law Necessary to Write True Crime? - podcast

Suzy Spencer — Mon, 09 Jan 2017 00:00:00 GMT

Current Revision posted to Legal Issues by Suzy Spencer on 1/9/2017 12:00:00 AM

True crime author Suzy Spencer talks about whether or not you need a legal background to successfully write true crime books. You'll be surprised (and maybe inspired) to hear her opinion on the matter. She also shares her personal journey to publication in this genre.

www.authorlearningcenter.com/.../PodcastSuzySpencerIsaBackgroundinLawNecessarytoWriteTrueCrime.mp3

Tags: Nonfiction, Subscriber, True Crime, podcast

Is a Background in Law Necessary to Write True Crime? - video

Suzy Spencer — Mon, 09 Jan 2017 00:00:00 GMT

Current Revision posted to Legal Issues by Suzy Spencer on 1/9/2017 12:00:00 AM

www.authorlearningcenter.com/.../SuzySpencerIsaBackgroundinLawNecessarytoWriteTrueCrime.mp4

Tags: Nonfiction, Subscriber, video, True Crime