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Helpful Anthology Websites/Tips
ARTICLES ON ANTHOLOGY WRITING:
LEGAL TIPS/WEBSITES ON ANTHOLOGY WRITING (credit for #1-3: Evolving Editions.com):
1 -
Excerpts from the Writer's Encyclopedia created by Writer's Market
http://www.writersmarket.com/encyc/N.asp
Using
Real Names:
A writer who wishes to use the real name of a person in a fictional piece, with or without a quotation from that person, must obtain permission from that person, regardless of whether the material is favorable or unfavorable. Permission is a defense in an invasion-of-privacy suit as long as the material is within the scope of the permission. If the person is a public figure, of course, and what the person has said is a matter of public record, no permission is necessary; nor is permission necessary in most states if the person is dead and the manuscript does not invade the privacy of living descendants.
Invasion
of Privacy:
Public disclosure of private and embarrassing facts. The publication of facts concerning an individual that, while they may be truthful, are private and embarrassing, constitutes an invasion of privacy. A news report or photograph of an event that takes place in public, however, is not an invasion of privacy. A well-known case in this area is Cox Broadcasting v. Cohn (1975), which concerned broadcasting the name of a rape victim. Although the victim was deceased, her father sued the TV station that had reported her name. He lost the case, however, because the victim's name was included in judicial records, which were open to the public.
2
- From Writer'sDigest.com:
Q&A:
Using Nonfiction Names
Q. This question is directed to the legal experts at WD. In writing a personal nonfiction about my growing up, do I have to obtain a release from other family members, or is there a way to present the characters without having such consent? --Audrey Kirschbaum
A. The bottom line to remember when writing about real people and using their names, is that truth is a defense to a defamation charge. But keep in mind that if you write about real people, you must also be concerned with an invasion of privacy suit, where the things you say are indeed true but are "private and embarrassing facts not of legitimate public concern."
--Amy
Cook, Writer's DigestAsk the Lawyer columnist
3
- From David Taylor's article "What Is Libel" on Writing-World.com:
There
are three tests which the defamatory statement must meet in order for a plaintiff to prevail in a
suit against you and your publisher:
1.
Untrue. In order to be defamatory, the statement must be untrue. If the statement is true or substantially
true, then it is not defamatory, and the case is over.
2.
Damaging. In order for the plaintiff to prevail, the statement must have caused real and substantial
harm to the person or business. The plaintiff must present evidence of the substantial harm done.
3.
Knowingly false. The plaintiff must also show that the defendant knew the statement was untrue, but
published or broadcast the statement despite that knowledge.
4
- Also see attorney David Mandell's article entitled "Stranger Than Fiction: When using names,
protect yourself from you-know-who," which considers the use of real people in creative work,
and offers advice on how to avoid libel suits: http://www.wga.org/WrittenBy/0401/essay.html
Other websites seeking
inspirational Anthologies (some paying):
(Send
your Anthology submissions/call to editor@voicesofrestoration.com)
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