# Use of Names and Legality



## wainscottbl (Oct 1, 2014)

So I am writing a book that speaks of certain events in my life. So some questions

1. If I mention someone by first and last name in a positive manner do I have to worry about any legal repercussions? 
2. How about those who may be presented in a negative light. I would not use their last names but there would be details about the place where I knew them. The way in which I would be discussing them is in their general character and also in how they wronged me by slander. This slander was never dealt with in any legal way and was more personal than anything. This is all important to the negative. I know I will need to talk to a lawyer before publishing, but I am not at that stage right now. I am writing and will soon be coming to the part that discusses this matter. I want to know if I need to be circumspect or can speak at more liberty. 

Any lawyers here would be nice if they could answer this question in particular. Thanks in advance.


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## InstituteMan (Oct 2, 2014)

I fear there just isn't any way to answer this easily. Quite aside from the problem with giving legal advice over the Internet (which I can't do), this area is highly fact dependent (what did you write and who did you write it about?) and the law will vary from state to state in the US. Objective truth is always a good policy, though.


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## wainscottbl (Oct 2, 2014)

Thanks. Before I publish, which for this book I think will be self-published due to certain factors--namely publisher will likely want to publish a narrative on my platonic love for a woman and the nature of platonic love in general--I will talk to a lawyer. I know I cannot get real advice over the web, but just trying to get an idea in the meantime. Thx.


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## Silver (Oct 3, 2014)

From personal experience, Chicken Soup for the Soul required me to change names no matter what. No discussion. No excuses. Fake names only.


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## wainscottbl (Oct 3, 2014)

Even dead people?


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## BabyGizmo (Oct 29, 2014)

I would say yes to even dead people. Families can still sue. I have never used real names. Maybe during the writing process to make sure I have my characters right, but during editing they get changed. I hope this helps!


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## John_O (Oct 29, 2014)

I suppose it would be ok if you got written permission from them? Something like a model release that photographers get. I don't know how it would work for writers though.


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