Getting sued ranks right up there in the top 10 of life’s most stressful circumstances.
I might even put it in the top 3, right after death and divorce.
A lawsuit can have a major impact on your business’s finances and reputation. The psychological and emotional impact can be immense.
In fact, getting sued often leads to stress-related illnesses, even when the accusations are completely false.
In other words, avoid getting sued at all costs.
Authors of non-fiction books need to be particularly careful. False claims and misrepresentations can get you in a lot of trouble. I don’t say this lightly.
Here are some (but not all) legalities to consider:
COPYRIGHT AND TRADEMARK INFRINGEMENT
Claiming someone else’s intellectual property as your own puts you in shark-infested territory. Avoid this at all costs. Innocent infringement is not a defense when someone holds a registered copyright or trademark.
You cannot assume “fair use” as a defense, or that “it was on Google so I thought it was ok to use.”
If you don’t have permission, don’t assume you can use it.
Be extra careful with images and always make sure you have the rights (in writing) to use someone else’s original work whether it’s a quote or cover art.
NEGLIGENCE
Authors who owe a duty of care to their readers (doctors, therapists, financial experts, for example) must guard themselves against claims of negligence for producing content that leads to injury, whether mental, emotional or physical. The duty of care element usually depends upon whether the harm was foreseeable.
Even without a legal duty of care, writers would be wise to take every precaution to ensure the content of their books is accurate and well-researched.
DEFAMATION
As an author, you are entitled to your opinion but make sure than when you’re talking about a living person, make sure you can prove anything you claim to be factual. The truth is a defense against a lawsuit for defamation.
BREACH OF THE RIGHT OF PUBLICITY
A person’s right of publicity is violated when their identity is used without permission for commercial gain.
Using a photo of your favorite celebrity to promote the sale of your book is a violation of the right of publicity. It makes sense, right? Why should anyone be allowed to benefit, especially financially, from someone else’s celebrity if the celebrity has not given permission to use their name, image or likeness?
Once again, without permission, play it safe.
BEYOND THE SCOPE OF THIS POST…
These are merely a few of the scenarios you want to be aware of as an author. There are simply too many nuances in the law to cover in this post. Be sure to do your homework, practice due diligence, and consult with a lawyer whenever you’re in doubt.
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