Watch What You Write
Monday March 24, 2008
Sure, as a writer you know about copyright and plagiarism, right? But there's more to writing legality than that. For example, did you know that if you write down public falsehoods (for example on a blog or a forum) and someone loses their job or client over it, you could be held liable for defamation in a civil suit? Or, did you know that you should consider incorporating your business in order to protect your personal belongings, such as your home and cars? Find out about legal terms that all writers should know.
I’m glad you brought this up. I’ve been considering legal action against a person who registered using my real name in a forum. While under my name she had “me” confessing as to how I was fat, talentless, jealous of other writers and had bad skin. This may seem like a bunch of 8th grade silliness to you but would you believe the person who did this is a grown woman? Not only that but she has a high profile web writing position. None of what she wrote was true but she had a bunch of people believing I was making up lies out of jealousy and it stung.
There was more to it, but do I have recourse for slander?
The same person was called out at another forum for logging in under different names to stir up controversy so it would be difficult to prove. Pls she confessed to another writer that she did this and has trouble letting things go.
This is what you’re talking about when you say to watch what you write, right?
hmmmmm, like I said, I’m a writer, not a lawyer, but my understanding is that defamation has to be aimed at business/livelihood/jobs/money/ legal issues. For example, if I acused you of embezzling, I accuse you of a crime. Bad skin isn’t a crime, lol, so, no, silly 8th grade web spats about looks probably don’t count, (or the courts would be drowning!)
In addition, you cannot copyright a name, but you could trademark it. However, if your name is surprisingly common, it may be difficult.
Lastly, if I were you, I’d ask to see such a confession with my own eyes to make sure it truly and really exists, although I suppose it’s your right and perogative to trust your cyber friends.
Again, not a lawyer, be sure to consult your own for personalized service.
pps- it sucks that it “stung” – that is an amazingly powerful word.
Allena, I’m glad to see you address this. Very recently, I was nearly indirectly affected by someone else’s blog post. The poster was slamming a company I’d referred her to, and it was one of my best clients. I was relieved that she took the post in question down, but she and I have parted ways entirely. In fact, she slammed me indirectly for taking away her freedom of speech.
I don’t know if that qualifies under the defamation claim (most likely not), but if I lose a $40K a year gig because of someone else’s words or actions, you’re damned right I’m going after them in court.
Lori- Yes. Again my understanding, but, yes you would maybe have a case over loss of that client. Don’t worry, editors and bosses can see through bull like a window- that’s their job! You’ll be ok.
Keep in mind that the courts do not like to see frivolous lawsuits. Don’t you want to be fiction authors? Get a spine! What will you do when some one pans your book? Cry that they’re “the mean girls”?? No use in wondering why you have legitimacy issues if these are things you worry on.
Laurel, I’ve edited your comment as I prefer to not have swearing on this blog. Thanks for visiting.