Libel in Fiction
Q. I heard about the libel lawsuit against “Law and Order.” I thought fiction was exempt from defamation claims. What gives? A. Making a libel-in-fiction claim in the U.S. (other countries may differ substantially) has historically been very difficult for several reasons. First, the Supreme Court has ruled that an author or publisher can be liable for defamation only upon a showing of...
Read MoreQ&A: Fair Use
Q. Can you tell me, once and for all, what exactly is “fair use?” A. This is the single-most asked question of publishing lawyers. Thanks to the wonderfully dense language of Congressional bill writing committees, and the courts’ interpretation of their efforts, it is difficult to answer. Section 107 of the U.S. Copyright Act provides that “the fair use of a copyrighted work . … for...
Read MoreQ&A: Protection Pen Name or Series Name
Q. Can I legally protect my pen name, or the name of my mystery series? What about my web site? A. Many novelists use pen names or pseudonyms and many also have a “branded” series of mysteries, usually named after the chief character (e.g., Noreen Wald’s “Kate Kennedy South Florida Senior Sleuth” series.) What such writers have in common is the need to protect the goodwill and value of...
Read MoreReal People in Novels
When you write about real, live people you can expose yourself to legal liability in multiple ways. And simply changing the names is no solution if the person can be identified by circumstances, appearance, or setting. There are essentially three types of “real persons” protected by the law — living ordinary people; living public figures (celebrities) and, in some states, dead public...
Read MoreQ&A: Retiring Agent
Q. My agent notified me she is retiring. She has submitted my latest novel to several publishers, but I have not yet received an offer. What happens if an offer is made? Do I still owe a commission to her? A. Start with the general rule: an agent is entitled to receive a commission on royalties on publishing contracts she negotiated during the term of the agency agreement — even...
Read More