Legal Question in Administrative Law in Florida
Copyright
I have written a non-fiction book of an actual event. I put together the story from the actual Federal Court Transcripts. It is all a matter of public record. My publisher has second thoughts about publishing because I used the actual names of the people involved in the story. They want me to get written permission from the individuals to use their names in my book. It is my impression that since it is a matter of public record, I don't have to get permission.
1 Answer from Attorneys
Re: Copyright
It is public record, but unless they are very famous people they can sue you for dafamation over any detail that they believe was not proven in the court case and which harms them. If you don't get their permission, then you run a large risk of being sued. If you are a seasoned reporter, your publisher's attorneys would still review it. So either get permission, changes the facts enough to hid true identity, or be very careful what you write. No matter what option you choose, you should still have an attorney give you an opinion on it so you can at least show a good faith effort to not commit a tort.
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