Libel?

LStein · Feb 7, 2016

I have a legal question about libel. I've searched around online but I'm wondering what the folks at AW think about this. I'm writing a novel in which one of my characters is related to a famous serial killer who is currently alive and in jail. He doesn't appear in the book but the character does receive a letter from him. From what I've read online, I can't put words in this person's mouth so I was planning on only using public statements he'd made and then putting a disclaimer in the acknowledgments. Would that be enough? Do you think this would keep agents and/or publishers from considering my novel?

Thanks in advance!

cornflake · Feb 7, 2016

For legal advice, you need a lawyer who knows about publishing and these exact issues.

In a general sense, I'd think it'd be hard to damage a serial killer's reputation, but that won't stop someone from suing you.

Also, I'd worry more about a relative of his claiming your MC is based off him or her and suing you for that.

Fruitbat · Feb 7, 2016

I'm not a legal expert but since it's a novel, why not just not use made up people rather than incorporating any real life people at all?

Otherwise, I don't know that there's a way around the possibility of being sued. People can sue you for anything so if this hits a nerve with anyone involved, there is that risk if you include them.

awshaw2 · Feb 7, 2016

I feel like this is a situation where it's best not to risk it. Unless you have a specific reason for why you need to use this person, I'd go with the suggestion to make one up, even if it might be obvious who it is supposed to be. Just tweak enough of the details that won't matter in the long run.

LStein · Feb 8, 2016

Thanks for the advice, guys. And cornflake, that was a possibility I hadn't even considered. I think I'll keep writing it the way it is--who the killer is is somewhat germane to the story--but if it looks like it's going to be a legal problem, I'll change enough of the details so that he wouldn't be able to sue.

frimble3 · Feb 8, 2016

Yeah, Cornflake's idea is a good one to bring up. Of the two British Columbian serial killers that immediately come to mind, both have blood relatives that are, I suspect, sensitive to 'fictional' depictions.
For that matter, I hope the letter purporting to be from him makes no mention of his crimes or his victims.
Clifford Olson apparently wrote, from prison, horrific letters to the families of his victims. I imagine the actual families of your killer's actual victims don't want them used as details in someone's novel.

PeteMC · Feb 11, 2016

I can't think of any good reason to use an actual killer in a novel. Actual killers killed real people, after all, and I'd be far more worried about what the families of the victims thought than about the killer or their relatives.

Jamesaritchie · Feb 17, 2016

Libel is almost impossible to prove, and damage from libel is even tougher. Just what can you possibly write that would damage the reputation of a serial killer?

mccardey · Feb 17, 2016

Jamesaritchie said:
Libel is almost impossible to prove, and damage from libel is even tougher. Just what can you possibly write that would damage the reputation of a serial killer?

Poor dental hygiene?

Old Hack · Feb 17, 2016

It's not just the serial killer you have to worry about, though. It's his family, his victims' families, the police who investigated his prosecution, and so on (and his dentist, obviously). There are all sorts of ways it could go wrong. And even if you don't libel anyone, you have no guarantee that people won't take exception to what you've written and sue you anyway. Far better to use a fictional person in this case, I think.

noirdood · Feb 24, 2016

You are getting some mighty poor ideas here. There are lawyer groups and writers' groups who you can go through to talk to a real live attorney who will give you the straight scoop, free or at low price.

veinglory · Feb 24, 2016

Given that a certain very major Canadian serial killer is still actively appealing their conviction it is not an open and shut situation--why not use a fictionalized version clearly based on the real killer. People will still get the point.

robjvargas · Feb 24, 2016

Jamesaritchie said:
Libel is almost impossible to prove, and damage from libel is even tougher. Just what can you possibly write that would damage the reputation of a serial killer?

Even if you are able to recover court costs afterward, those costs are still pretty hefty while the trial runs its course. Decide for yourself if the risk of having to defend yourself is worth the artistic integrity.

Old Hack · Feb 24, 2016

noirdood said:
You are getting some mighty poor ideas here. There are lawyer groups and writers' groups who you can go through to talk to a real live attorney who will give you the straight scoop, free or at low price.

I think the OP has been given mostly good advice in this thread, and find your comment unhelpful. If you think any advice in this thread is "mighty poor" it would be useful if you'd highlight it, and explain how it could be improved.

And free advice from those lawyers' group sites comes with all sorts of disclaimers, the most common one that I've seen being that the site cannot guarantee that the advice given is correct, or even if the people giving it are qualified to provide such advice. I'd steer clear.

Libel?

LStein

figuring it all out

cornflake

practical experience, FTW

Fruitbat

.

awshaw2

LStein

figuring it all out

frimble3

Heckuva good sport

PeteMC

@PeteMC666

Jamesaritchie

mccardey

Old Hack

Such a nasty woman

noirdood

veinglory

volitare nequeo

robjvargas

Old Hack

Such a nasty woman