How much protection does an author have based on a disclaimer? If real people, events and places are part of my story, how much do I have to alter to protect myself from any kind of legal issues?
question about disclaimers
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Sat Nam! (literally "Truth Name"--a Sikh greeting)
That depends in part on whether the book is fiction or non-fiction, and how you're depicting the characters.
Blessings,
Siri Kirpal
That depends in part on whether the book is fiction or non-fiction, and how you're depicting the characters.
Blessings,
Siri Kirpal
That is kind of a complicated question. The best way I can describe the story is that it is a fictionalized account of real events. Obviously, a lot of fictional information is included to ties specific events together and add interest to parts of the story that might otherwise read as boring or a little disconnected.
As far as the character depiction, an effort has been made to disguise the real characters, but I suppose the real people, or those with knowledge of the events, might recognize them(selves).
I hope that is clear enough for you to provide some direction.
As far as the character depiction, an effort has been made to disguise the real characters, but I suppose the real people, or those with knowledge of the events, might recognize them(selves).
I hope that is clear enough for you to provide some direction.
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Sat Nam! (literally "Truth Name"--a Sikh greeting)
Then there are two ways you can play this: 1. Have the usual disclaimer that this is a work of fiction, yada, yada, or 2. State that this is a work of fiction, but is based loosely on a true story, that names and identifying details have all been changed.
The first option requires some acting ability if people ask if it's based on a true story. I'm not sure it's the best way to go and personally, I wouldn't do it.
The second option has some advantages in that the little oddities will seem more creditable.
I'm not sure which is better legally, and you should ask a lawyer to be sure.
Blessings,
Siri Kirpal
Then there are two ways you can play this: 1. Have the usual disclaimer that this is a work of fiction, yada, yada, or 2. State that this is a work of fiction, but is based loosely on a true story, that names and identifying details have all been changed.
The first option requires some acting ability if people ask if it's based on a true story. I'm not sure it's the best way to go and personally, I wouldn't do it.
The second option has some advantages in that the little oddities will seem more creditable.
I'm not sure which is better legally, and you should ask a lawyer to be sure.
Blessings,
Siri Kirpal
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Disclaimers don't really offer much legal protection.
If you say 'this is a work of fiction; any similarities to persons living or dead is coincidental,' but it's demonstrably not, someone can still sue your ass.
If you say 'this is a work of fiction; any similarities to persons living or dead is coincidental,' but it's demonstrably not, someone can still sue your ass.
Disclaimers won't prevent people from instigating legal action against you if they're litigious and feel wronged by anything you've written or said, even if you've done no wrong.
If your book is based on real people, events and places and you're defamatory about any of them, or you misrepresent them, adding disclaimers isn't going to protect you from the reach of the law.
You need to get proper legal advice on this one. Do not rely on the opinions of people on the internet.
Disclaimers can protect you from random, baseless charges, but if you intentionally libel someone, the disclaimer won't help.
Having said that, I don't worry about it. I base almost every character on a real person, and I often use real names, real locations, etc.
It's really more a matter of common sense in usage applies.
Having said that, I don't worry about it. I base almost every character on a real person, and I often use real names, real locations, etc.
It's really more a matter of common sense in usage applies.
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This is probably the best advice I've ever read from a person on the internet.
In all seriousness, Old Hack here is absolutely right.
Or you could just read books out there that do use real people and real places, and do likewise. There are thousands and thousands of such books.
Sometimes running to a lawyer is a good idea, and sometimes it's just one more way to spend a lot of money you can't afford.
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I think I'm going to close this discussion. Old Hack's advice above is perfect. If you're worried about legal issues, please consult a lawyer (or indeed ask your editor to consult your publisher's legal department.)
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