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Topic: Legal Question
| Author | Message |
| gettin by | Posted – 9/20/2007 5:50:29 AM | show profile Hi All, I am working on a non-fiction book and I was recently informed that I need to obtain permission to mention any person, product, or organization within the text. I have never had to do this when writing mag articles, but I was told that books are considered different as the author generates profit with each book rather than just a one-off "work-for-hire" with a magazine. Now, I don't really have a problem doing this, because I haven't said anything defamatory about anyone or anything. Actually, the only time I do mention products are people, it is in a very positive light. But I just wanted to be clear on whether or not I am legally required to obtain permission. Thanks gettin by |
| Newzaroo | Posted – 9/20/2007 10:54:53 AM | show profile Better safe than sorry... You have my permission. |
| dribbledrive1 | Posted – 9/20/2007 11:35:08 AM | show profile There isn't any law that requires this. There are plenty of books published that give negative takes on people and products who would never have signed off on the material. What youi're encountering, no doubt, is a publisher who wants you to do this to cover his ass. So it may be the publisher's internal policy but the rationale you were given -- that books are considered different as the author generates profit with each book rather than just a one-off "work-for-hire" with a magazine. -- is stupid. --I am working on a non-fiction book and I was recently informed that I need to obtain permission to mention any person, product, or organization within the text. I have never had to do this when writing mag articles, but I was told that books are considered different as the author generates profit with each book rather than just a one-off "work-for-hire" with a magazine. -- |
| nellie bly | Posted – 9/20/2007 12:58:12 PM | show profile Isn't it customary for the publisher to have the finished manuscript vetted by an attorney? That's gonna cost 'em, so perhaps your publisher is seriously economizing by having you, the author, gather all of these permissions. Even though you believe there's nothing defamatory in the book, someone can still file a frivolous lawsuit that will cost you and the publisher both time and money to deal with. When I worked on a freelance web and book project for which I did brief interviews with dozens of people, we had to ask them to sign permission forms that covered almost every possible use! I'm sure the form was written by a lawyer. There are cases where nonfiction authors have to change the names of real people because they were not able to obtain releases or there were liability issues. One book that comes to mind is Ted Botha's Mongo: Adventures in Trash about people who scavenge for treasures amid NYC trash. I know the guy who was profiled in the archaeology chapter, but his real name was not used in the book. The author used a pseudonym to refer to him. |
| Cyrus | Posted – 9/20/2007 5:53:42 PM | show profile You should really be consulting a lawyer with a question like this, not a public forum. Having said all that, legally I don't see a difference between a non-fiction book and an article, be it for a magazine, newspaper, etc. Facts cannot be copyrighted, so if all you're doing is stating something that's true, that's all you need. IOW, truth is a defense against any kind of legal claim because you can easily use that to prove you had no intention to defame anyone. There are scads of instances where non-fiction books mention someone critically and they get no cooperation, approval or anything of the sort from the subject. But again, you will never have to defend yourself legally speaking against the truth. ------ Cyrus Afzali Astoria Communications www.astoriacomm.com |
| gettin by | Posted – 9/21/2007 7:51:49 AM | show profile Thanks! Thank you all for responding. I didn't think this was a legally issue. But I probably will go ahead and seek permissions for my own sake, and so as not to burn any bridges with my publisher. Thanks again! |
| Old Pro | Posted – 9/21/2007 12:51:48 PM | show profile This is your publisher being a weeny, not a matter of law. "Fair comment" is part of the first amendment. That said, if you want to tod the book, you need to do it by the publisher's rules. Just don't get too caught in the concept that you're doing this to avoid getting anyone's butt sued. People will sue if they are mad enough, on the flimsiest grounds. Be fair and accurate and keep any touch subject in the loop and you'll have much better luck. |
| Lotus665 | Posted – 9/21/2007 11:46:32 PM | show profile Wait a sec -- to even MENTION them? No books would get written if you had to get permission that broadly. Facts are facts and opinions are protected by the first amendment. Write to communicate, write for truth, write for fun, but don't let a million others control your content! |
