![]() Just as with defamation, an invasion of privacy suit can’t be brought by an estate or relatives. Private facts are sensitive information that the average person would not want to share with the general public for example, medical records, adoption records, abuse, alcoholism, etc. Invasion of privacy lawsuits hinge on public disclosure of private facts. Only living people can sue for defamation, so someone can’t file a lawsuit against you for defamation through an estate or relatives. The offense of injuring a person’s character, fame, or reputation by false and malicious statements.” The term covers both libel (written) and slander (spoken). Black’s Law Dictionary defines defamation as, “The taking from one’s reputation. In short, defamation is when you ruin a person’s reputation. This protection applies to both the spoken and written word. The First Amendment protects your right to free speech. Before you publish your memoir, it’s important that you understand your rights to free speech, as well as defamation and invasion of privacy issues. In litigation that means don’t do anything that will get you sued. Both my publisher and I regret any unintentional harm resulting from the publishing and marketing of Running With Scissors. The book was not intended to hurt the family. They are each fine, decent and hard-working people. I recognize that their memories of the events described in this book are different than my own. I would like to thank the real-life members of the family portrayed in this book for taking me into their home and accepting me as one of their own. Burroughs was legally obligated to amend his book acknowledgments to read as follows: As part of the settlement, Burroughs changed his acknowledgments to say the Turcottes had “conflicting memories” of the described events. The family asserted that Burroughs fabricated facts and violated their privacy.īurroughs’ defense hinged on his assertion that the facts, as he wrote them, were true therefore he had not broken any laws. The Turcottes filed a defamation and invasion of privacy torts suit against Burroughs and his publisher. In his book, he recalled his time living with the fictional “Finches.” His book recounted abuse, drug use, dysfunctional family behavior, living in squalor, and other unsavory details any family wouldn’t want blasted all over printed pages.īurroughs claimed that while he did change the name of the family (in real life, the Turcottes), the harrowing details of his time spent in their care were true. Since we’re discussing legal issues, it seems fitting to start with a case study on the issues of memoir, defamation, and invasion of privacy.Ĭritically acclaimed author Augusten Burroughs published the best-selling memoir, Running with Scissors in 2003. For real legal advice, consult your real live counsel, rather than looking things up on the Internet.) 1. ( Note: Our first disclaimer-this article does not constitute professional legal advice. ![]() Read on for tips to avoid going from published author to professional despondent. We can all agree that there are better things to spend your book royalties on than exorbitant legal fees. And, in some cases, if you violate the law, they may have the right to retaliate with a lawsuit. ![]() They may not want to be part of your story. Yet, you need to consider those you’re writing about. Of course, it’s your story, and as such, you want it to be told without barriers. There’s a fine balance when you’re writing your memoir. ![]() This is the primary reason why memoirs open the door for lawsuits. Abuse, sex, addiction, and family drama-it’s the Sturm und Drang that people want to read about. Memoir authors usually don’t write about rainbows and sunshine, they write about the salacious. The reason the memoir genre is compelling is because it’s fascinating to read the dirty details of others’ lives. One exception to this rule is the world of memoir. Our First Amendment right to free speech offers significant protection to write freely. ![]() The odds that they’ll end up in a courtroom for something they wrote are fairly low. Most writers don’t have much to worry about. Litigation is expensive, time-consuming, and incredibly stressful. ![]()
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