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Libel, slander, legal action...
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By (user no longer on site) OP
over a year ago
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Does anyone know what the clear rules/laws are with regards to using a real person in a published book?
There’s lots of different advice online.
For example if you were going to write an autobiography for example (my book isn’t an autobiography) are you allowed to talk about real people? Like not give their full name but their first names and obviously there would be identifiable information, like the person would know I was on about them kind of thing. |
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By (user no longer on site)
over a year ago
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There are no laws against using real people in a fictional book, but if they believe you show them in an offensive or defamatory light they could take legal action for damages. This is the same for an autobiography- if you say something negative about someone you’d better be able to prove it ! A good publisher would know this but be very careful if you self publish. |
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By (user no longer on site) OP
over a year ago
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That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them? |
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By (user no longer on site)
over a year ago
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"Don’t you have to get their permission? Or if no permission change names and identifiable info. Otherwise they could sue for defamation of character, invasion of privacy etc.
"
You don’t need permission and even if they give it they could still sue if they don’t like how they’re portrayed. So definitely disguise them in a work of fiction. |
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By (user no longer on site)
over a year ago
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"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?"
If it’s fiction you should definitely disguise their identity- combining characters is a good method.
If it’s factual it depends how you portray them. You normally have to damage their reputation, career, etc to be sued. Just embarrassing is not enough although that can be a fine line. To be on the safe side change their names and maybe some personal details. If they are public figures be very careful. |
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"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?"
Why is it important that they are recognisable? |
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By (user no longer on site) OP
over a year ago
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"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?
If it’s fiction you should definitely disguise their identity- combining characters is a good method.
If it’s factual it depends how you portray them. You normally have to damage their reputation, career, etc to be sued. Just embarrassing is not enough although that can be a fine line. To be on the safe side change their names and maybe some personal details. If they are public figures be very careful."
It’s not going to be the main focus of the book, just a chapter will feature my conquests/failures over the last 10 years.
Its more for the reader to be able to spot all the mistakes I’ve made so they can avoid doing it themselves. Also for comedy value because some encounters have been quite funny.
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By (user no longer on site) OP
over a year ago
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"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?
Why is it important that they are recognisable? "
It’s not important that they are recognisable but if they were to read it they’d know I was on about them. For example my last encounter, if I say he was someone that came to do work at my house and from there we began messaging and meeting, if he was ever to read it, he would know I was on about him. |
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1. I would not seek legal advice on any internet forum, let alone a swinging forum
2. I've never seen a real person named in a self help book in a context like what you're describing. Never, ever. |
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By (user no longer on site)
over a year ago
|
"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?
If it’s fiction you should definitely disguise their identity- combining characters is a good method.
If it’s factual it depends how you portray them. You normally have to damage their reputation, career, etc to be sued. Just embarrassing is not enough although that can be a fine line. To be on the safe side change their names and maybe some personal details. If they are public figures be very careful.
It’s not going to be the main focus of the book, just a chapter will feature my conquests/failures over the last 10 years.
Its more for the reader to be able to spot all the mistakes I’ve made so they can avoid doing it themselves. Also for comedy value because some encounters have been quite funny.
"
That all sounds ok but I would still change names and maybe some details. You know who the real people are and if it’s about your experiences/ adventures then I can’t see why the reader needs to know if the stories are interesting. Good luck with the publishing! |
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"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?"
That's how magazines tend to do it. Change the names and identifying information such as place of work, etc. If only they can recognise it as themselves then I can't really see it as an issue as its unlikely anybody else would know unless they told them. Unless they knew already. |
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By (user no longer on site) OP
over a year ago
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"1. I would not seek legal advice on any internet forum, let alone a swinging forum
2. I've never seen a real person named in a self help book in a context like what you're describing. Never, ever. "
1)I know there’s a few people on here that have published work before.
2) then I will be unique  |
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By (user no longer on site)
over a year ago
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"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?
That's how magazines tend to do it. Change the names and identifying information such as place of work, etc. If only they can recognise it as themselves then I can't really see it as an issue as its unlikely anybody else would know unless they told them. Unless they knew already. "
Very good advice. If other people can’t recognise the person you’re writing about then you’re on safe ground, even if they do. |
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By (user no longer on site) OP
over a year ago
|
"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?
That's how magazines tend to do it. Change the names and identifying information such as place of work, etc. If only they can recognise it as themselves then I can't really see it as an issue as its unlikely anybody else would know unless they told them. Unless they knew already.
Very good advice. If other people can’t recognise the person you’re writing about then you’re on safe ground, even if they do."
One guy gave a good example of love bombing. I wanted to use some of the text messages as examples of things that guys can say to you. Is that pushing it? |
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By (user no longer on site)
over a year ago
|
"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?
That's how magazines tend to do it. Change the names and identifying information such as place of work, etc. If only they can recognise it as themselves then I can't really see it as an issue as its unlikely anybody else would know unless they told them. Unless they knew already.
Very good advice. If other people can’t recognise the person you’re writing about then you’re on safe ground, even if they do.
One guy gave a good example of love bombing. I wanted to use some of the text messages as examples of things that guys can say to you. Is that pushing it?"
If you used the text messages without naming the person who’d sent them, or being obvious who it was, I can’t see a problem. |
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"That’s the thing, it’s self publishing and print on demand. Trying to keep costs down.
Is even mentioning the fact I’ve had sex with these people enough for them to take legal action?
Like only if they were to read it themselves would they recognise I was on about them.
What about fake names but then still being able to identify I was on about them?
That's how magazines tend to do it. Change the names and identifying information such as place of work, etc. If only they can recognise it as themselves then I can't really see it as an issue as its unlikely anybody else would know unless they told them. Unless they knew already.
Very good advice. If other people can’t recognise the person you’re writing about then you’re on safe ground, even if they do.
One guy gave a good example of love bombing. I wanted to use some of the text messages as examples of things that guys can say to you. Is that pushing it?"
If you use actual text messages as an example and he has the original texts there is a direct link back so I would say do not use exact examples.
This perhaps isn’t the best place to ask these questions ... where those you may have conversed with can view said questions and wonder if you are using them as characters in your book.
This sort of advice needs to come from a publisher, or at least someone who knows the in’s and out’s of the legalities. |
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