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05-20-2010, 04:10 AM
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6,765 posts, read 10,784,516 times
Reputation: 4331
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Disclaimers?
What if you want to write a story about some life experience and have to add 'real people' to the mix (but not name names)?
Can people sue you if you write a piece and mention "my neighbor in Florida with the three dogs?" I'm thinking of this story/book I have had rolling around in my head for a long time but I have to put people in it.
How does an author do this (in a nonfiction/autobiography/biography) without getting sued?
Last edited by GypsySoul22; 05-20-2010 at 04:18 AM..
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05-20-2010, 06:16 AM
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Location: Brooklyn
40,062 posts, read 14,705,235 times
Reputation: 9885
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You can't be sued for telling the truth. If you're not libeling or defaming someone, you should be OK.
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05-20-2010, 07:39 AM
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20,783 posts, read 11,014,962 times
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Quote:
Originally Posted by Fred314X
You can't be sued for telling the truth. If you're not libeling or defaming someone, you should be OK.
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Yes, the person you were writing about has to have a case to prove that they were damaged somehow by what you wrote about them.
Here's an article that touches on that, among other things.
Writer’s Digest - Can Writers Get Creative With Facts?
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05-20-2010, 08:01 AM
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6,765 posts, read 10,784,516 times
Reputation: 4331
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Thanks very much!!! 
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05-20-2010, 10:56 AM
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Location: Victoria TX
32,754 posts, read 23,108,511 times
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As long as a reader of your book cannot identify the neighbor with 3 dogs, I would think you are OK. There is a risk that another neighbor could say "Hey, I knew this author, who used to live across the street, so I know who he is talking about". But all you'd have to do is add some false details, like bald, or owned a Buick, or something, and now the full details no longer match.
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05-20-2010, 11:14 AM
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Location: Brooklyn
40,062 posts, read 14,705,235 times
Reputation: 9885
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Another easy way out might be to change the setting. If you were thinking about setting the story in Florida, move it to Louisiana, for example.
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05-27-2010, 07:21 AM
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20,783 posts, read 11,014,962 times
Reputation: 15980
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One of my favorite stories about this sort of thing was told by Joseph Heller, the author of Catch-22. He based a mean commanding officer in his novel on a commanding officer under whom he'd served when he was in the military himself.
After he and his novel became famous, he got a call one day from the man on whom he'd based the officer. The man congratulated him on his success, and then went on to say, "You know that guy <insert name> in your book? Well, I had an SOB for a commanding officer just like him when I was first in the army!"
The guy didn't even recognize himself as the model for the nasty guy in Heller's novel. That's the beauty of it--most people won't see themselves in a negative character.
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