Legal Question in Entertainment Law in New York

Writing a Nonfiction Book Sure to Offend Some of Its Subjects

I am a ghostwriter. I've been asked to write a nonficiton

book about a suicide that many insist was a homicide.

Some friends and family of the deceased will come off

very badly in the story. How do the author and I protect

ourselves from slander or libel suits? It's the author's

point of view of what really happened to his dead best

friend.


Asked on 3/14/06, 4:43 pm

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Writing a Nonfiction Book Sure to Offend Some of Its Subjects

The only way to forestall lawsuits is to have all interested parties sign waivers in advance. The best way to defend yourself successfully should lawsuits be filed is to source check your verifiable information as scrupulously as possible and to keep records of your research.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 3/15/06, 10:08 am
Kaiser Wahab Wahab & Medenica LLC

Re: Writing a Nonfiction Book Sure to Offend Some of Its Subjects

Hello,

In most ghost writing agreements, the subject of a non fiction account will warranty that the information provided is not defamatory (this is a standard practice). In addition, there will be corresponding clauses for indemnification, so that you have a cause of action against the subject, in the event that aggrieved parties come after you. These among other "protections" should be present in your agreement. Should you need further consultation feel free to reach out to me.

Best of Luck,

Kaiser

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Answered on 3/14/06, 5:02 pm
William Frenkel Frenkel Sukhman LLP

Re: Writing a Nonfiction Book Sure to Offend Some of Its Subjects

1. releases from the main characters (if identified) or their estate administrators (for deceased persons) to the extent obtainable;

2. for self-published authors, special liability insurance covering defamation, invasion of privacy, etc.

3. a good First Amendment lawyer.

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Answered on 3/14/06, 5:19 pm


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