1st amendment/libel/invasion of privacy issues for memoir

metamemoir

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Concerns about 1st amendment/libel/invasion of privacy issues have been looming over my head.

I find myself including conversations where I am told about hearsay or given second-hand accounts of events, in order to give backstory about some of the peripheral people in my story. of course in my writing I present them THROUGH the conversations (dialogue) in which the information was relayed to me (I do not pretend I witnessed the event with my own too eyes).

I am very early in this process, but I sometimes dwell on the possibility that I may have to cut or censor certain parts. And I feel like I will be compromising the full potential of the story.
 
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Diana_Rajchel

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It sounds like a good precaution to take just before your book is ready for print. My two thoughts for what to keep in mind are that burden of proof in libel is always on the prosecuting party, and that as you write, keep a clear vision of what you really want to come across. Whether or not a person slept around is a less relevant tidbit about an average Joe or Jane than it is to the Reverend Joe or Jane, for example.
 

metamemoir

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It sounds like a good precaution to take just before your book is ready for print. My two thoughts for what to keep in mind are that burden of proof in libel is always on the prosecuting party, and that as you write, keep a clear vision of what you really want to come across. Whether or not a person slept around is a less relevant tidbit about an average Joe or Jane than it is to the Reverend Joe or Jane, for example.

Thank you.

and LOL re: Reverend Joe or Jane. Well put.
 
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PinkAmy

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I haven't used anything I didn't have first hand knowledge of, even though some of the tidbits I had to leave out are quite interesting (in a voyeuristic sort of way.) They would have made for great back story. But, they aren't my stories to tell. I don't want to put anyone else in an awkward position or make them feel like they wish they didn't tell me something. I've purposely censored things out of respect more so than out of fear of being sued. People are more important to me than a detail or two.
For example- one of my abusers, I recently found out, french kisses all the women in the family when he greets them. They try to avoid him at all costs. That would have added spice to what I wrote about him, but they aren't my stories. Since I've heard the stories from more than one person, I don't doubt the veracity, but I don't have proof, it didn't happen to me, so leaving it out was a no brainer. I think the people he french kisses would be upset if I included it, too and it might cause backlash for them. I don't want to put anyone in that position, even if I don't like a particular person.
 

metamemoir

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I haven't used anything I didn't have first hand knowledge of, even though some of the tidbits I had to leave out are quite interesting (in a voyeuristic sort of way.) They would have made for great back story. But, they aren't my stories to tell. I don't want to put anyone else in an awkward position or make them feel like they wish they didn't tell me something. I've purposely censored things out of respect more so than out of fear of being sued. People are more important to me than a detail or two.
For example- one of my abusers, I recently found out, french kisses all the women in the family when he greets them. They try to avoid him at all costs. That would have added spice to what I wrote about him, but they aren't my stories. Since I've heard the stories from more than one person, I don't doubt the veracity, but I don't have proof, it didn't happen to me, so leaving it out was a no brainer. I think the people he french kisses would be upset if I included it, too and it might cause backlash for them. I don't want to put anyone in that position, even if I don't like a particular person.

hmm I think we have very different philosophies.

"invasion of privacy" is very ambiguous to me. some say it only applies to things like court documents or medical records.
 
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PinkAmy

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yikes, your integrity intimidates me.

I'm very very old, it comes with age :D.

Being involved in a lawsuit is not fun. Even if you have truth on your side, you may not prevail--my memoir is all about it. Being sued is expensive too. The thing that sucks is anyone can sue anyone for anything. That doesn't mean the suit will prevail or even make it to court. Plaintiff's lawyers are often paid on a contingency fee, so they don't have to put money out. Defense lawyers cost money. If the publisher is footing the bill, you won't be the one who ultimately decides if the case settles or goes to court because the decision will be made about financial efficacy rather than rightness. If you reject the publisher wanting to settle, then the bill falls on your lap.
When I was deciding to use the real name of a school or make a fictitious name, someone told me You'd hate if you published your book and then had to pay the perps the money you would have made. So fictitious name it is :D.
 

metamemoir

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I'm very very old, it comes with age :D.

Being involved in a lawsuit is not fun. Even if you have truth on your side, you may not prevail--my memoir is all about it. Being sued is expensive too. The thing that sucks is anyone can sue anyone for anything. That doesn't mean the suit will prevail or even make it to court. Plaintiff's lawyers are often paid on a contingency fee, so they don't have to put money out. Defense lawyers cost money. If the publisher is footing the bill, you won't be the one who ultimately decides if the case settles or goes to court because the decision will be made about financial efficacy rather than rightness. If you reject the publisher wanting to settle, then the bill falls on your lap.
When I was deciding to use the real name of a school or make a fictitious name, someone told me You'd hate if you published your book and then had to pay the perps the money you would have made. So fictitious name it is :D.

Yeah, I have no problem changing the name of my school, but I don't want to change the location. Well, I suppose I could make up a fictional location name, but I still want to include the historical, geographic, and architectural background details, which would really give it away, lol.

I would even be ok with changing MY name. or even call it fiction or roman a clef. but the actual details and events i dont want to have to alter!
 

PinkAmy

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I would even be ok with changing MY name. or even call it fiction or roman a clef. but the actual details and events i dont want to have to alter!
That was something I considered, too and I'm not 100% sure I won't do that in the end. I think changing your name is a much better option than calling your work fiction when it's true. To me mislabeling as fiction would take away from the story.
 

metamemoir

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That was something I considered, too and I'm not 100% sure I won't do that in the end. I think changing your name is a much better option than calling your work fiction when it's true. To me mislabeling as fiction would take away from the story.

I totally agree with you. EXCEPT, i would rather "tell all" then label it fiction, than label it memoir but have to cut the controversial bits.
 
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PinkAmy

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I totally agree with you. EXCEPT, i would rather "tell all" then label it fiction, than label it memoir but have to cut the controversial bits. but of course my delusions of grandeur lead me to believe that in the extensive media scrutiny of my best seller, the public will come under the impression that the book is indeed all truth, but labeled otherwise for protection.

Hahahaha.:D
I did some research before even writing my memoir, because I didn't want to be sued.
A woman sued an author and won $38,000 give or take. The author wrote a fiction book, but had a character with red hair, the same number of people in her family, father had the same job. Anyway this character was a written as a big ole bitch so the woman sued and won. The judge or jury said there were too many similarities to be a coincidence.
 

thothguard51

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Think about this, presenting second hand information, even presented as so in a memoir is very unsettling if the author has no proof to back us said information.

And burden of proof is not always black and white in a civil lawsuit, especially when dealing with emotions and what was the authors intent.

Without proof, presenting second hand information you know could be damaging is...damaging to the party it is about, no matter how the author spins it.

Yep, I would sue...
 

metamemoir

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Hahahaha.:D
I did some research before even writing my memoir, because I didn't want to be sued.
A woman sued an author and won $38,000 give or take. The author wrote a fiction book, but had a character with red hair, the same number of people in her family, father had the same job. Anyway this character was a written as a big ole bitch so the woman sued and won. The judge or jury said there were too many similarities to be a coincidence.

do you know what state this was in?
 

PinkAmy

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Georgia I believe--specifically Atlanta, but I could be wrong since it was a while ago that I did the research.
 

metamemoir

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research guy, thx 4 the tip. i picked up a diff book yesterday but its too general. id like 2 find something current and at least partly focused on memoirs.

thanks for all the comments
 
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ResearchGuy

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research guy, thx 4 the tip. i picked up a diff book yesterday but its too general. id like 2 find something current and at least partly focused on memoirs.. . .
Jones's book (the one I cited) is on point. Nothing important has changed in the few years since it was published.

--Ken