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Many writers mistakenly assume their publishing company will protect them—after all, it’s a large corporation with, presumably, a bunch of suits eagerly waiting to avenge you.
But here’s the truth: When you sign a publishing contract, you promise that your work will not defame anyone or invade anyone’s privacy (along with a number of other assurances)—and you agree to indemnify the publisher in the event of a lawsuit against your work.
Panthers quarterback Cam Newton responded to criticism by a Tennessee mom who attended Sunday’s game against the Titans with her fourth-grade daughter.
She asserted that his celebration dancing was not behavior of a role model, and Newton says we will have to wait until Sunday to see if he will continue to celebrate Carolina touchdowns.
If you are writing a non-fiction book, you may mention real people and real events.
However, if what you write about identifiable, living people could be seriously damaging to their reputation, then you need to consider the risks of defamation and privacy and how to minimize those risks.
Then, people like Roberta, James, Sonia, Jon, and yours truly will provide guidance and suggestions.
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A Georgia jury awarded 0,000 to a woman who claimed a character in falsely portrayed her as an “alcoholic s**t.” Writers face three big risks when using real people in their writing: defamation, invasion of privacy, and misappropriation of the right of publicity.
How can writers use real people in their work without risking a lawsuit? If what you write about a person is positive or even neutral, then you don’t have defamation or privacy issues.
For instance, you may thank someone by name in your acknowledgements without their permission.
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