When writing a book, to what extent is my reponsibility in contacting persons I write about?

The right of privacy someone has is still very hard to predict from a court of law. When anyone writes a book, they may borrow from their own group of friends and family. You need not contact them ever. Using enough information than any one or more person might be identified, may give rise to some legal issues. It is impossible to say now. What you say be libelous or otherwise actionable depending on too much a lawyer working with you might need to know.

This is a question I get very often from writers and filmmakers. They frequestly ask: "Do I have to change the names? This is likely not the appropriate question. The more relevant question is whether the real people mentioned in your creative work are identifiable. You can identify someone even without using the person's real name. For example, your readers or viewers might be able to identify the person through your mention of a nickname, geographic location, physical description, personality trait, or real-life events in which the person was involved. If readers and viewers can identify the person discussed in your work, there is potential risk for defamation, privacy, and related claims. You should assess that risk and make your best efforts to minimize it. Calculating the Risk of Using Real People Your risk assessment will depend on several factors such as: * How did you acquire the information about the person? * Are you adding fictional elements to any of the real-life events discussed? * Are the portrayals flattering? * Are the portrayals accurate? Your risk assessment also depends on whether the people in your story are public figures or private individuals. Public figures have fewer privacy rights but stronger publicity rights. Also, to make a successful defamation claim, public figures must prove you made the false statement with actual malice. In contrast, a private individual need only prove you were negligent in making the false statement. While the distinction between actual malice versus negligence may sound like legal jargon, the distinction often plays a pivotal role between winning and losing a defamation lawsuit. Additionally, even if the information is true but is not commonly known (private) and embarrassing, this could open the writer to a claim for intentional inflicting of emotional distress. Furthermore, it may be a good idea to obtain a life story rights agreement, before you write a book or make a film based upon an actual person. Now, relating to use of people's photos. Assuming that these were taken by the writer and there is no issue of photographer copyright, the above continues to apply. Additionally, depending on if the photo was taken in a place where the subject had an expectation of privacy, it can subject the writer to a claim of invasion of privacy.

The answer will depend on what type of book it is, the persons you mention, whether they're living or dead, and how you describe them. For example, if this is a fact-based family history, you probably want to let everyone know what you're doing but you don't need their express permission as long as you don't denigrate anyone or reveal any nasty secrets. If you are writing a biography, you don't need a living person's permission as long as you stick to information that is confirmed by a reliable witness. those in the public eye such as politicians have less protection but again, you can't publish gossip and not expect to hear from the person?s attorney. However, if you're writing a work of fiction and include someone's name, likeness, or a description of their actions, getting permission is important.

You should consult with a lawyer. I do this kind of work. I can give a general answer here, but it is crucial that you take your exact plan to a lawyer who does this kind of work, and discuss it. But here is a general answer: It depends on exactly who the subject of your book is and whether the book means to be fact or fiction. It also depends if the person is a private person, a public person, or a major elected official. With any private person, you would need their written permission to write about them. And once you have that permission, you must get the facts right and not invade their privacy beyond the permission given. Also, you would need permission from the ancillary characters. With a public person, you may be able to write without their permission, but only on the topic and events that make them a public person and only within the time frame of those events. With a major elected official, yes, you can write about them without their permission, but again, you must check facts very carefully. To use any photograph in a book, you need permission from the owner of the copyright and usually also from the people depicted.