I want to get a book published but have several legal questions?

Question

I am currently working on a project that is loosely tied to true events. What kind of legal information do I need in order to use these events and people in the book. I am "changing the names to protect the innocent" and either glossing over some things or embellishing some others for the sake of the story. In addition, I want to include before each chapter a song to introduce the chapter and to set the "mood" of that particular chapter. Would I have to get specific permission from each and every artist prior to getting the book published? Once all the legal maneuvering is complete, how do I actually go about getting the book published? Would I make contact with a publisher or should I hire an attorney to do it? Anyone with experience that can provide information would be so helpful. Thank you.

Answer 1

Changing the names is not enough, if people who know the actual individuals involved can still recognize them.

Since you're doing some fictionalizing anyway, with your glossing over and embellishing, I urge you to consider making substantive changes in characters--gender, for starters--and plot, so that the true event and players are reduced to inspiration rather than "true story."

This is substantially easier than hiring an attorney to double-check that you're not breaking any laws about libel, invasion of privacy, and such.

If you choose to stick with the work as planned, make sure you rely on fully public sources, like police reports, newspaper stories, and court transcripts. The fact of your source material being in the public record will protect you if someone sues. (And, sigh, someone probably will.)

Songs are out. Fuggedaboutit. The music industry is highly protective of its lyrics and the cost for a verse at the start of each chapter is probably more than your book would earn for the publisher.

Once you're done, you want a literary agent rather than a lawyer, or small publishers who still deal directly with authors. To contact either one, you need a one-page query letter that piques their interest.

Answer 2

The songs are absolutely out unless you wrote them yourself. You have to pay a fee to use songs and publishers discourage it because it is very expensive to pay for the licensing and often a songwriter won't grant it depending on the usage. It would cost a small fortune. Unless you are a major author, a publisher is not going to pay that money.

As for the rest of the information, you should speak with an attorney who specializes in literary matters. Even changing the names isn't always enough if people are recognizable enough that they can figure out you are writing about them. An attorney is definitely in order here. You may need signed releases.

----
They're, Their, There - Three Different Words.

Careful or you may wind up in my next novel.

Pax - C

Answer 3

I don't know about doing non fiction specifically, but I do know that you might have legal trouble using lyrics from songs. You almost always need explicit permission from copyright holders to quote lyrics if you're going to put them in books that you will sell.

The best way to get a book published as mass-market is through an agent who specializes in the subject your book is about. Most publishers don't deal directly with previously un-published authors unless there is some kind of media frenzy around them already. Many agents don't either. It's a tough racket to break into. Have you looked into self-publishing?

Answer 4

Copyrighted song lyrics cannot be used. You can use songs whose copyright has expired (like Stephen Foster) or quotes from the Bible (very popular in fiction).

If you are writing about true events, you have two choices: (1) treat it as nonfiction and go through getting releases from parties involved or (2) make it completely fiction. To make it completely fiction, you need to change the town, the people, some aspect of the crime, and enough other things to protect yourself from lawsuits. Be very careful to write in changes to the people. If the real murder victim was white and had two kids and a dog, change her hair color, her number of kids, her pets, and her name. Every major character needs to have that kind of makeover which means you are going to have to research those involved to make sure that no one slips by unchanged.

How serious is this? A writer sold a story to Penthouse one year about a Miss America contestant with a very sexy baton routine. She was blonde, a baton twirler, and Miss Wyoming. That year Miss Wyoming WAS blonde, WAS a baton twirler, and DID read the story. She hired Gerry Spence. It cost Penthouse several million in legal fees and destroyed the writer's career.

Answer 5

Hi, first of,thanks for answering my question, but the particular religious group I refer to will not publicly come out in the open or to court as they rely on terrorism to solve their problems. Besides,everything in my book is fact and can be substantiated. I will look at your book when I get a website up and running and I will publish it online for you for a small % of the asking price,which I will set. Make sure that if you are using material from another author that you first get their, or their publishers,permission and include them both with the name of their book title,the authors name,the publishers name and address in your bibliography. Also get the Publishers permission in writing! also,include the date of first publication.