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Topic: Writing about a Person Without Permission-OK?
| Author | Message |
| scribechick | Posted – 11/17/2007 11:25:33 AM | show profile Hello, Working on a book. Met someone via email (the individual came to me with experiences and info). Something the person said did come true--a couple of times. Now, there is a flip flop. The person knew I was going to write about the experiences--now the person says I cannot use the material. I say I can use the info but just not use the name--keep it anonymous. Or, I suppose I could use the name if all the facts are true and it is not hurtful. But this isn't personal info at all--it pertains to predicting something that came true and then didn't pan out 100%after all. Please advise. Thanks. |
| scribechick | Posted – 11/17/2007 11:36:38 AM | show profile Also, anonymous person sent dozens of emails to me. Thus, I decided the info was useful for my current project. I did mention I would be using info in both my website/forthcoming book. Got an OK. Can a person do this and then say "no" later? What if I had already completed the book? My gut instinct is telling me we can write what we want. First Admendment. That's why Larry Flynt won the court case, right? |
| Upward Bound | Posted – 11/17/2007 2:10:29 PM | show profile Get a lawyer. Perhaps your publisher's legal team can help you with this. Honestly, though, opinions from a board don't constitute legal advice. |
| scribechick | Posted – 11/17/2007 2:27:24 PM | show profile | email poster Well, usually when I have run into this glitch I just dump the material. It's not worth the hassle. I probably can do that but it's bugging me because the person sent dozens of emails with info - then decides to back out. I still believe we as journalists can write whatever we want to write. Free speech, no? But then look at the tabloids. Lawsuits. However, if what I write is true and a direct quote word for word - it seems like this can and is done every day without legal issues. I'm just reporting the facts. Then, I can say whatever I want about the situation. No? I cannot believe this would be illegal. |
| dribbledrive1 | Posted – 11/17/2007 3:31:49 PM | show profile You do not need someone's permission to write about them. I have written many magazine articles about people who refused to speak to me, and have quoted from material they didn't want quoted from. |
| scribechick | Posted – 11/18/2007 12:14:51 AM | show profile dribbledrive1, I agree but wanted to make sure. That's what I thought. I've gone through this problem a few times but not recently. It irks me when someone gives you super info and then tries to take it back after taking up your time. I will use it more than likely (the person already said to put it on one of my websites) but I may not use the person's name which is fine in this particular case. Thanks so much for answering me. |
| chucho | Posted – 11/18/2007 4:52:18 AM | show profile The details you have provided aren't sufficient. Seems a little odd to use a source for a book that you've only met by email. Generally speaking if a source talks to a reporter and knows the interview is on the record, the source cannot later demand the reporter not use the material. In your situation, however, it's not clear exactly what your email contact understood were your motives and, again, because the entire process was done by email there might have been a misunderstanding between you and the source and since were only getting your side of the story (and with little detail) any advice you would get here would not be complete or actionable. Somebody contacted you by email, but what have you done even to verify the identity of this contact? Sounds like a face-to-face interview (or at least by phone) might have helped your situation greatly. You should be speaking to this source "live" to work this situation out. Maybe s/he has been put off that the entire interview process has only been by email, and is having second thoughts about your professionalism? (I'm just speculating.) |
| scribechick | Posted – 11/18/2007 5:03:06 PM | show profile Hello, The source is now in India--for several months. He is not a high profile person. I predicted the recent SF Bay Area 5.6 quake that hit on 10-30; my "hit" was covered in the news, and he contacted me. He made some predictions--some came true. Now, it really doesn't matter who he is, the fact remains that his predictions did come to fruition. That, in itself, is what my topic is about. My book is more about sensitives' predictions coming true than about who is predicting what. BTW: I think I mentioned that he first told me I could put the prediction(s) and outcomes on my site...Then, he got fickle because I used an excerpt. He told me I could include the emails/predictions and outcomes in my forthcoming book--but he backed off again. He claimed he felt he was being exploited after I created a buzz. Plus, his last prediction fizzled. The more I think about it, I believe I can write about the situation and just alleviate his name. I don't see the problem. It is my experience. He came to me. He told me things. Why should this be censored especially if I exclude his name. Nobody knows this person. |
| siperrono | Posted – 11/18/2007 5:52:54 PM | show profile How come just because "no one knows this person" he shouldn't get the same treatment that a well known person would get??? It doesn't seem very fair to use someone's info when they told you they didn't want to participate in your book. |
| scribechick | Posted – 11/18/2007 6:49:10 PM | show profile Hold the phone. Remember, for more than a week he bombarded me with emails and predictions and told me to use them on the website/book. Then, he had a change of heart. What if this was an article on a tight deadline? What about all the time I invested in reading his stuff? |
| scribechick | Posted – 11/18/2007 6:53:53 PM | show profile One more thing: I'm not saying I'm using his material and saying it was my prediction. Not at all. It's his--he told me this info and we shared the possibilities of how it would happen. It was a lot of word play--collaboration, too. Remember, it's already on my site and another--with his past blessings. Then, he gets cold feet. So, I wasted my time? What about my time? This happened before for a book where a source who is known faxed me dozens of pages of high tech stuff. A day later: He changed his mind. Thus I did not use any of the material. |
| scribechick | Posted – 11/18/2007 6:55:46 PM | show profile If it's that big of deal I really don't need the info, nor do I have to use it. |
| siperrono | Posted – 11/18/2007 6:55:53 PM | show profile This is a tough one because he had to go and be fickle. |
| siperrono | Posted – 11/18/2007 6:57:23 PM | show profile next time you should make them sign a consent form before you get any information from them...that way there's nothing they can do about if they're going to play fickle games. |
| writesonwater | Posted – 11/19/2007 1:11:59 AM | show profile If people go on the record with you and give you stated permission that is well-documented to use something in a book, I think you can use it and keep his name anonymous. I think rules about writing about people who aren't famous or public figures involves those you don't have permission to write about from the horse's mouth, but I may be wrong. I would suggest you run it by the attorneys at Author's Guild. Since you've written other books, you shouldn't have a problem becoming a member if you're not already. They were helpful with me when I had a legal question about a dramatic rights contract. Good luck ... (but you KNEW I was going to say that, didn't you! ;) |
| scribechick | Posted – 11/19/2007 1:01:48 PM | show profile | email poster Hi everyone who offered advice, Thought about this a lot. It's not that big of deal for my book. I don't see a problem if and when I use this info if I write it in a first person narrative, provide the incident that occurred by the person who contacted me repeatedly. It's the truth. It's what I witnessed. This recent incident is something I experienced--I don't understand why I can't say something like...One man emailed me with an amazing prediction for this to happen...He continued with telling me the details (input the prediction in my words and a few sentences of what he emailed me) and I listened but was a bit wary since I've had people come to me with strange predictions and no scientific backup. To my surprise, his prediction did happen almost on cue... |
| writesonwater | Posted – 11/19/2007 1:56:24 PM | show profile I don't see any problem with putting it that way, SC. |
