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Ethics and writing

Started by pjordan at 07-05-2005 12:16 PM. Topic has 5 replies.
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   07-05-2005, 12:16 PM
pjordan

Joined on 07-21-2004
Posts 5
Post Icon using names in non-fiction
I've been away for a long time as my "real life" takes over Sept.-June. Back to my summer creativity. I'm working on writing a friend's biography. She's not famous, but has had a very interesting life. My intent is to show that her immense courage and faith has seen her through multiple emotional trauma's and serious health issues. Her story could be inspirational or at least supportive for others in similar situations. My question involves the use of names of people with whom she has associated throughout her life. Do I need to get permission from everyone I mention? Some (like her ex-husband and childhood friends and teachers) might be hard to track down. Her sister might not like to read how my friend has perceived her. Would I be better off using pseudonyms? Or just first names? I was glad to read in a previous discussion that public buildings are no problem, but what about general locations, e.g. Liz from Pine St in Auburndale.? I could easily leave out the street names in most instances. I appreciate input from those of you who are more experienced than I.
Thanks,
PJ
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   07-17-2005, 12:59 AM
nicoleroscrea

Joined on 07-11-2005
MacMurray College
Posts 55
RE: using names in non-fiction
PJ,

I feel so bad for you...I wish I could answer your question, but I really don't know. I copied and pasted your question in the Death thread (it's not about death anymore), to see what kind of response it gets. I'll advise posters to answer it here, okay?

Happy writing!

Nicole
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   07-17-2005, 5:42 PM
danahunter

Joined on 06-06-2005
Arizona
Posts 298
Post Icon RE: using names in non-fiction
Ditto. I'm just posting so that your question shows up on the general discussion board, and maybe somebody will notice it. Somebody around here's gotta know.... I'd say if you don't get an answer in a few days, maybe try posting the topic under Freelancing. Lots of non-fiction writers there.

Good luck!

en tequila es verdad
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   07-17-2005, 8:24 PM
pjordan

Joined on 07-21-2004
Posts 5
RE: using names in non-fiction
Thanks, Nicole and Dana. I had been thinking about trying one of the other forums if I had no response in Ethics. I'll wait and see if your effforts have paid off.
Meanwhile I've done a little more research. There's a difference between libel and invasion of privacy. I don't think I can be held libelous because there has to be intent to harm someones reputation. However, invasion of privacy might be a problem. Apparently, this only needs to cause embarassment. Right now I'm leaning toward using ficticious names, but I sure would like to hear from other non-fiction writers with how they have handled similar situations.

Thanks,
PJ
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   08-04-2005, 10:03 PM
jobydog

Joined on 07-27-2005
Posts 68
RE: using names in non-fiction
I am no expert, but from everything I have read, I think it would be safer to use ficticious names. But even ficticiuos names might not be enough to cover you, I don't believe, if the references to these people can be inferred and, especially if they are in any way derogatory or might embarrass the subjects. I don't know whether the disclaimer that some people post in the fronts of their books (or maybe the publishers do that, I'm not sure) might cover you, but my guess would be that it would not. I really don't know how you could get around this issue. Sorry...
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   08-05-2005, 7:19 PM
bobkalsey

Joined on 09-29-2003
Posts 553
RE: using names in non-fiction
If you're writing non-fiction, write non-fiction for crying out loud! I have a friend who wrote a non-fiction book and used fictitious names for certain characters (those who might have taken offense -- and legal action -- because of their portrayal, and a "composite" character who was intended to represent several people). He explained his use of these fictitious names in the introduction. But I really think that unless you intend to misrepresent the truth about individuals, knowingly and with harmful intent, you should use their real names. As jobydog pointed out, if somebody wants to take action against you they could contend that their identities are so "thinly veiled" in your telling of the story that their true identities are easy to infer. I understand that invasion of privacy can only be claimed if the invasion is likely to cause harm, but I'm certainly not a lawyer. I say, don't worry about the HIGHLY unlikely possibility that someone might sue you -- that's the publisher's concern, not yours. If they want you to change the names, they'll tell you. And you'll most likely need to change some identifying references as well. Keep going down that road, and you'll find yourself in the fiction aisle.
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