Can I Write That? Legal Issues and Memoir

Memoirs are becoming more and more popular books in publishing and often end up as bestsellers. However, these nonfiction works can create a number of legal problems for the author. Read on to learn more about the potential issues that come with publishing your memoir. 

Defamation

One legal issue memoirists may encounter following the publication of their work is defamation. For example, this can become a concern if you decide to write about a company for which you once worked, and you present a less-than-favorable picture of that company in your memoir. 

Privacy

Similar to defamation, the subject(s) of your memoir might argue that your work violates their privacy. Privacy laws are complex, but the basis courts generally use to determine whether an invasion of privacy has occurred is if the information presented will be useful to the public, or will further their understanding of an issue in a substantial way. Information related to a person’s health, finances, or personal life that isn’t determined to be in the public interest could be ground for a legal dispute. 

Names

If you choose to write negatively about a person or entity in your memoir, it might be helpful to change their names. This can prevent them from being identified by the public in a way that might harm their reputation. However, if the subject can make the case that there’s other information in your memoir that easily identifies them, you may still be on the hook for defamation or invasion of privacy. 

Another measure to consider if you are worried about anonymity is to publish your work under a pseudonym or pen name. 

The Law Office of Katherine Kim, PLLC offers consultations to authors to discuss their potential legal concerns! Give us a call or text at 214-814-5123 or send us an email at admin@katherinekimlaw.com to schedule a consultation today!

The information contained in this blog is provided for informational and entertainment purposes only, and should not be construed as offering legal advice, or as creating an attorney-client relationship between the reader and the attorney. You should not act or refrain from acting on the basis of any content on this site without seeking appropriate legal advice about your individual facts and circumstances from an attorney licensed in your state.