Copyright / legal question about autobiographies?

Question

Hi there. I'm thinking of writing a book on some things that happened while I was in high-school. I'll probably add a few fictional stuff in it, but most of it will be autobiographical. Which means, I'll mention real people in it. Provided that I change their names, am I legally allowed to do that? Or do I need their permission even with the names changed?

Answer 1

Big disclaimer: I AM NOT A LAWYER AND THIS IS NOT LEGAL ADVICE-

but generally speaking no, you don't need their permission so long as you do not give any information that could identify them (though it's best of course if you do get it). And speaking of disclaimers, you'll also need a "some dramatic license has been taken" disclaimer.

Augusten Burroughs is currently being sued by the foster family he based RUNNING WITH SCISSORS on, but it's for invasion of privacy (they claim people found their house from the description in his book alone) and for malicious libel (they claim he made up the worst parts of his book). The case has not gone to court yet, but they could not have sued him just for writing about them so long as he took reasonable precautions to protect their privacy.

John Berendt took MAJOR license with the events and people in MIDNIGHT IN THE GARDEN OF GOOD & EVIL, and to the best of my knowledge he's had no legal problems. Since nobody was expecting the book to be the runaway bestseller that it was they didn't take special care in getting permissions either, though they did when using a non-public figure's real name.

Answer 2

The big risk is libel and invasion of privacy claims (and this is over-simplified which is why most publishing companies have lawyers who specialize in this and go over books with a fine tooth comb).

If the characters in your book are clearly identifiable as specific persons in the real world, you can held liable under libel laws if you knowingly include false information about them.

Likewise, if you attempt to use a similarity to a famous person (who does not qualify as a public figure under the First Amendment) to enhance the sale value of your book (e.g. a character clearly identifiable as Tom Cruise), you might be liable for essentially stealing their property right in their own public image. Todd McFarlane (creator of the comic book Spawn and all of its spinoffs) has spent the last decade unsuccessfully defending a claim by the former pro hockey player Tony Twist because of the use of that name for a character in the comic book.

Answer 3

This is a very touchy issue. And before I sent it to anyone, I would run it by a literary attorney. It would be worth the money to pay a lawyer and be certain. At any rate, most agents and publishers are going to ask you if you have done that anyway. We live in a lawsuit society. It doesn't take much for someone to sue. This is a definite case where a literary attorney is the one to make the call. Seek one out through Literary Marketplace and find out what his fees are. Explain your situation and ask for advice. Better safe than homeless when someone sues you, right? Pax - C

Answer 4

Not if you change their names....as a matter of fact you can use anyone's name without their permission as long as it isn't copyrighted.

Answer 5

Either can do.
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