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.
3 Answers from Attorneys
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.
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
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.