A Publisher's Conversation with Authors: What You Don't Know about Publishing-Related Law Can Hurt You, Part 2 - The People in Your Books

 


It is Tuesday. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. 

This week continues the discussion of writing, publishing, and the law. Of particular concern this week is how best to handle the inclusion of real people in books. Do it wrong, and you may end up with a case of lost friendship (best case scenario) or defamation (worst case scenaior on your hands.


Understanding Defamation & Legal Risks

Defamation occurs when false statements harm a person’s reputation. Even if you believe your story is true, legal claims can arise if your words damage someone's standing in the community. In the U.S., defamation laws vary by state, but generally, truth is a defense—however, proving the truth in court can be complex and expensive.

Additionally, public figures have a higher burden of proof in defamation cases, as they must show that the author acted with "actual malice"—knowing falsehood or reckless disregard for the truth. For private individuals, the standard is lower, making it easier for them to claim damages.

Being Fair and Maintaining Relationships

Beyond legal concerns, there’s also the matter of fairness. A story told through one perspective may omit crucial context. Memoirists and nonfiction authors must balance honesty with empathy, ensuring they don’t unnecessarily harm the reputations of others.

Before publishing sensitive material, consider:

  • Verifying facts thoroughly to ensure accuracy.

  • Contacting individuals mentioned in the book (if feasible) to provide context or a right to reply. We always require authors to provide a copy of the finished manuscript and obtain permission from identified individuals to include them in the book, as portrayed.

  • Using disclaimers when appropriate (e.g., “events have been recalled to the best of my memory”). It has to be true, not just a way to protect yourself!

When to Use Anonymity or Change Names

If a story involves sensitive or potentially harmful revelations about real individuals, changing names, locations, or identifying details is often the best approach. However, this must be done skillfully—changing only a name while keeping all other identifying details may not be enough to protect privacy.

Best practices for anonymity:

  • Alter multiple identifying details (age, occupation, location, etc.) while maintaining the integrity of the story.

  • Use composite characters in cases where multiple similar individuals play a role.

  • State in a disclaimer that some names and details have been changed.

What Are an Author’s and Publisher’s Legal Concerns?

Authors and publishers should both take legal precautions before releasing a memoir or true story. Some key concerns include:

  • Defamation risks—Is the story factual, fair, and free of false claims?

  • Privacy considerations—Does it disclose private facts that could cause harm?

  • Right of publicity—Are there concerns about using someone’s likeness or identity for commercial gain?

  • Contractual obligations—Did the author sign NDAs or other agreements that limit what they can disclose?

To mitigate these risks, authors might consider working with an attorney specializing in publishing law and consider media liability insurance (also known as errors and omissions insurance) for added protection.

MSI Press looks at all these things carefully before publication, but sometimes things can still slip through. It is the author's responsibility to respect the privacy of individuals they describe in their books, and for that reason, we, like most publishers, ask authors to sign legal forms (contract, liability release) that indemnify us in the event that they fail to use due caution in this regard.

What Happens if There’s an Accidental Transgression?

Despite best efforts, legal or personal conflicts may still arise. If someone claims defamation, invasion of privacy, or misrepresentation, options include:

  1. Corrections & Retractions – If a mistake is found post-publication, issuing a correction or retraction can sometimes prevent legal action.

  2. Negotiation & Mediation – In cases where an offended party reaches out, resolving disputes amicably can be more cost-effective than litigation.

  3. Legal Defense – If a lawsuit is filed, legal counsel will evaluate whether the claims have merit and determine a course of action.

Final Thoughts

Publishing real-life stories comes with great responsibility. By understanding the legal landscape, making fair and ethical choices, and taking precautions, authors can share compelling narratives while minimizing risks. Thoughtful storytelling not only protects the author and publisher but also respects those whose lives intersect with the story.

When in doubt, seek legal advice early in the process—doing so can mean the difference between a successful book and a costly legal battle.

And, if you are writing an autobiography (memoir), make sure your relatives are on board. They are sometimes your hardest critics, and we did have to pull a book once because even though all the author's siblings signed a release, they later stated that they had not seen the final manuscript before doing so.

Bottom line: Understanding the rights of others when it comes to including them in your book, respecting their rights, and involving them in your writing project goes a long way to avoiding legal issues--and make sure to get those releases signed!.

DISCLAIMER: I AM NOT A LAWYER; PLEASE DO NOT MAKE FINAL DECISIONS BASED ON INFORMATION PROVIDED HERE. I AM SIMPLY SHARING INFORMATION THAT IS COMMONLY KNOWN AMONG PUBLISHERS AND AVAILABLE IN OPEN SOURCES. YOU CAN CHECK IT ALL OUT EASILY, AND, IF YOU RUN INTO TROUBLE, ASK AN INTELLECTUAL PROPERTY RIGHTS LAWYER! THEY DO KNOW THE LAW IN ALL ITS INTIMATE DETAIL. IF YOU ARE CONCERNED THAT YOU MAY BE IN VIOLATION OF COPYRIGHT LAW, DO NOT WING IT. TURN TO AN EXPERT. SERIOUSLY!

See more Publisher Conversations with Authors HERE.



 Learn more about publishing from an acquisitions editor -- how to get your book proposal accepted, why proposals are turned down/accepted, and how to find the right publisher for your book. On special sale for $5 while inventory lasts at MSI Press webstore. Also available as an e-book and an audiobook.



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Julia Aziz, signing her book, Lessons of Labor, at an event at Book People in Austin, Texas.




Want to communicate with one of our authors? You can! Find their contact information on our Authors' Pages.

Steven Greenebaum, author of award-winning books, An Afternoon's Discussion and One Family: Indivisible, talking to a reader at Barnes & Noble in Gilroy, California.




   
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