Question

Topic: Copywriting

My Book A Film On Tv, Can I Be Sued?

Posted by Anonymous on 2/19/2005 at 11:17 AM ET 125 Points
My autobiography, which I self published, has been sent up to channel four television in the Uk and is being considered for a tv film or documentary.
My dilema is this, the book is true and I did not change the names of all of the characters, only some of them. If everything I have written is true why are the producers worried about any libel issues. Should I just change the characters names anyway, as I will make a lot of money if the book is made into a film. The book contains a lot of swearing and sex, but is also very funny. A review of the first chapter is available free.
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RESPONSES

  • Posted by Markitek on 2/19/2005 at 11:28 AM Member
    You must not only change the names, but significant other characteristics as well so that you can claim righteously that the characters are composites drawn from many people. Libel issues are issues of interpretation--your perspective may not be entirely accurate and that exposes the producers. Besides, even if there were no issues, they don't want a situation where they have to spend money on legal fees. So change not only the names, but the gender, job, family situation, specific characteristics and so on--not enough to trash the meaning of the story but enough that you can say "this is a composite of many people."

    Try this one:

    Judge Robert D. Sack of the 2nd U.S. Circuit Court of Appeals, author of the defamation treatise, Sack on Defamation: Libel, Slander and Related Problems, describes when a libel suit might result from a work of fiction:

    "Where the defendant invents defamatory dialogue or other defamatory details in what purports to be nonfiction, uses actual people as fictional characters, or bases fictional characters on living persons but fails sufficiently to disguise the characters, so that the fictional characters are understood to be 'of and concerning' their living models, liability for libel may result."


  • Posted by Deremiah *CPE on 2/19/2005 at 4:36 PM Member
    Rockyboy2,

    As a rule we should out of respect take the advice of those who have responsibility for us. In the hierarchy of TV the producers are in control. You must accept and recognize this as a part of the process. If you do not like how it goes you can always decline to do the project. Changing names for protection purposes is probably a wise thing to do. If you have the book you have already communicated your story. So for the good of everyone involved you must find a way to accept that things might change but the essence of your story is what matters when it comes to TV. The other thing you need to do is settle with in yourself why you are doing what you are doing and is that good enough for you and all concerned. I hope this helps.

    Your Servant, Deremiah, *CPE (Customer Passion Evangelist)
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