Legal Question in Intellectual Property in California

Re: Use of real names in my true crime manuscript

Any time you use a persons name for a commerical purpose, you should get their permission. However, if this is non-fiction, you might get away with a claim of newsworthiness or a matter of public concern, but permission (in writing) is always the best way to go. good luck.

Re: Use of real names in my true crime manuscript

The proposition is inherently risky and the only way to avoid the possibility of suit is not to write the ms. in the first place. Filing suit is easy and the named characters have little to lose by trying for a windfally by suing the writer or publisher (or both).

However, there are some precautions to take that can minimize the chances of a successful suit:

(1) Work with a publisher that has an experienced and careful law department or outside law firm; get its opinion before publication.

(2) Avoid losing suits for defamation by making sure that facts are accurate.....truth is always a defense to a defamation action.

(3) Avoid non-newsworthy material, even if true. Certain disclosures (e.g. names of rape victims or juvenile offenders) are protected by policy despite the First Amendment. Various kinds of tort actions can be brought for privacy invasions or portraying someone in a "false light" even if the facts published are true in a literal sense.

(4) Avoid the appearance (or fact) of malice. Failure to check "facts" for accuracy, or to only write about the negative side of someone's character, can be evidence of malice, which in some instances dilutes the writer's defenses.