Writing About Real People: Making sure they don’t hate you or sue you after you publish

Writers of all stripes constantly draw from real life. Nonfiction and memoir material obviously depend on real people, and even fictional characters are drawn from what we know and have experienced. The question is: How much “real” information can we include in our work? Is there a limit, and if so, where is it? Can we use real names? What is OK to say, and how can we be both respectful and legally safe while maintaining truth and honesty in our work?

Not everyone is happy to find themselves portrayed in a book. Our writing has real-world consequences, some of them less pleasant than an uncomfortable holiday meal after we’ve aired our family’s dirty laundry to the world. There may be legal ramifications. Below I discuss best practices for writing about real people and factual events.

Note, this post is meant as a guideline ONLY. I am not a legal professional and in no way does the following constitute legal advice. Also, this article is not about journalism or journalistic ethics and obligations. If you have a question, please consult a legal professional.

Real-world effects of writing about real people

Negative fallout from telling real stories falls into one of two categories: people who never speak to us again, and people who sue us. Both of these are frightening for different reasons.

Negative fallout typically comes because we share less-than-flattering stories. Let’s face it: if we’re being outrageously complimentary, who’s going to object to that? Legally speaking, compliments are a non-issue, while real or perceived insults need our more careful attention.

If you’re wondering whether you might face difficulties when you talk about real people, ask yourself these questions:

• Can your portrayal be seen as unfavorable or slanderous?
• Are you lying or being “malicious”?
• Can the characters be readily identified by name or other characteristics?

Writing that is respectful and legally safe

Sometimes unhappy stories are the reason for your work in the first place.

If you’re writing a memoir about overcoming a tough chapter from your life, that tough story is probably necessary.

Real-life examples are necessary and unavoidable in nonfiction.

If you’re writing fiction, your characters need to grow, change, and face obstacles, otherwise there is no book—and real experiences are great sources of fictional narrative.

In all cases, you need to maintain truth and honesty. However, this doesn’t mean you need to drag a specific person through the mud. Be respectful—even if you feel certain people don’t deserve it.

Think about the larger ramifications of what you’re sharing: what serves the story you want to tell? Do you need to identify your boss Jim by name, description, and personal habits? Or do you need to convey how his behavior affected you personally?

Strategies for how to write about real people in your book

It’s important to know books in the wild display a range of options—everything from memoir writers whose families literally know what’s being written about them in advance (The Liar’s Club by Mary Karr, The Glass Castle by Jeannette Walls), to details chosen, adjusted, or altered for legal and privacy reasons (Tell Me Everything by Erika Krouse). Some writers literally fictionalize a true story.

Some writers are so concerned about reactions to their book that they wait until the affected people die before publishing. This is one way to avoid offending anyone and having them sue you, but it doesn’t suit everyone and I encourage you to explore other options.

Get permission.

This is the simplest way to include real information about real people. Get written permission from them to use it. Now, you may argue that this isn’t necessarily easy, but easy and simple are two different things.

Change the character name and other identifying characteristics.

You probably don’t want to name your awful character after your boss Jim. Re-naming your characters (whether real or fictional) is an obvious first step. Since we can identify people by more than names, make sure you also change other details, such as physical characteristics, habits, personal interests and hobbies, and so on.

Here’s where being honest to the story comes in. Fiction writers may have an easier time with this concept than nonfiction writers. Say Jim is obsessive: great, do we need him to obsess about baseball scores, the way live Jim does? How about making him a fiend for a perfectly mowed lawn, instead?

Create composite characters.

Use professional back story from one person, the obsessive personality traits from another, a love of gardenias from a third, and so on. Jim could be a lawn-mowing-obsessed female mathematician. You get the idea. Use multiple real-life figures so that the new composite doesn’t match any one person. You can be faithful to the character’s agency in the story without insulting someone you hope to have Thanksgiving dinner with, or inspiring an erstwhile colleague to drag you to court.

The bottom line

Best practices to keep yourself safe and respectful, while staying true to the story that you need to tell, include asking yourself how unflattering your portraits are, how recognizable your characters are (or need to be), and whether you are making your characters ugly and stupid out of spite. Ask yourself: what serves the story? Get permission to speak about people if you can, and respect their privacy by changing identifying details that are not relevant to the lesson or insight that you want to share.

The legal ramifications of talking about real people in your book can be more complicated than you think. When in doubt, please do seek professional legal advice, from someone who knows publishing.

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CC image “Oops.” courtesy of Marcin Wichary on Flickr. Some rights reserved.