What privacy issues or other legal issues could arise if I publish a book that has pictures and stories including other people?
Asked on Sep 10th, 2012 on Business Law - Illinois
More details to this question:
I am ready to publish my dad's coaching memoirs, but worry that an incorrect fact or detail could be challenged. None of the information is scandalous, malicious, or character harming. They are mostly funny stories and memories. But I fear if I have a name wrong and someone challenges it, I could face legal issues. I have received permission from newspapers to use previously printed materials such as photos and articles. I have made disclaimers throughout the book, stating that htese stories are the way I remember them or the way my dad remembered them and that the details might conflict with the memories of others. I have included an Acknowledgements page at the end with names of people who contributed to the work. What other "issues" do I need to worry about?
I understand that you will self-publish or "vanity" publish this work, rather than through trade channels. This distinction matters because all major commercial trade publishers vet their works and have legal staffs that are designed to make sure that these kinds of issues are dealt with.
It is difficult, without a review of the book, to anticipate the kinds of issues that you may face. Generally speaking, the greatest risk you face in any non-fiction work is a libel claim. Related issues are "false light" claims. One person's funny anecdote breeds another person's blood feud. Even under the most innocent of circumstances, it is difficult to predict how others may react to having their foibles exposed.
The prophylactic measures that professional publishers use are equally available to you. First, have the book reviewed by an outside professional. Second, check your insurance and see to what extent it covers defamation and "advertising injury" claims; if you don't have such coverage, get it.
We practice in this area and would be happy to be helpful to you. Let us know if there's anything you want us to do.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.