I once edited a book that had about fifty subjects who all needed to be hunted down so that they could sign a release form allowing this one author to talk about how he interacted with them in a significant way and their lives changed for the better. The author had no knowledge of libel or the risks he was taking by mentioning both public figures and private citizens. So, yes, the chore fell to me.
Can you imagine organizing that? I don’t know what other editors do, but it is my goal not to have some loose end come knocking on my (or the author’s) door several years down the road with a subpoena in its hand. No, sir!
Because the author had lost touch with some of the subjects, I had to get my private investigator suit on. I used every communication medium available to me at the time—fax, e-mail, copiers, scanners, snail mail—trying to reach these people. I don’t think I’ve ever googled so much, searching for addresses and points of contact. It was… It was… Kind of cool, really. But highly unadvisable. Do not do that to your editor. I made prints and copies galore of release forms and excerpts of the book. I was on the phone trying to schmooze my way into the offices of some of the public figures he mentioned to get them to sign releases. It was crazy, but I was determined not to leave anything out there that would later get my author, my company, or me sued.
I believe my mission was accomplished, and the story has won over many fans. The author still calls me from time to time to tell me about how the book is impacting people. The best part is that there’s been no legal backlash.
The goal should be to limit your risk yet still tell a compelling story.
Yes, writers, people can sue you and your whole publishing house for writing about them, even if it’s true, even if the main story is about you, and even if you try to give them different names. If you leave any identifying details about them in a story, you’ll need to seek their permission. They have the right to protect their identity, and they can say no.
Just changing someone’s name still leaves them open to being identified, based on the specifics of the story. It is essentially the same as me saying, “Hey, you see that lady over there in a yellow sweater with black hair and glasses? You know, the one who has two children and works at the bakery on First Street? Well, she slept with my neighbor’s husband.” Now I didn’t tell you this woman’s name but really, even in a crowd of people, couldn’t you still pick her out?
Generally speaking, people have overcome some amazing adversities in life and the lessons they’ve learned from those circumstances make them into better people—or just make for a good story. The thought of sharing this with the world—and making a little money on the side—seems like the next step for many of them.
We all want to leave a mark on the world in some significant way. We want to be the instigators of change or some great response or emotion. We want some proverbial tree or piece of pavement to say, “So-and-so was here.”
Being able to write your own story seems easy enough to the naked eye. However, writing about your life involves difficulties beyond just getting it on paper, not to mention finding an audience who really wants to really know about all that.
It is my job to protect and serve the author.
I work in the Christian book market and, not just that, but the Charismatic Christian book market, where people come up every day with stories of miraculous healings, escapes from cults and abusive family members, and salvation from lives full of all kinds of destructive behavior. Now to be honest, for royalties-only publishing, we can’t really find a large enough market to sell these kinds of stories to—and make back the investment. But there are those unavoidable and rare occasions when a celebrity preacher or public figure has a story about thousands of lives being impacted by their mission, and the book practically writes and sells itself. (That was code for strong author platform. Did you catch it?) So the editorial nightmare begins of having to provide evidence of someone being healed instantly, finding the abusive ex-husband to see if he’ll sign a release for us to use his likeness, or tracking down the now adult son or daughter who were witnesses or victims of abuse.
As an editor, I have to think past, present, and future. I have to think about the mother, father, son, daughter, spouse, and friend and livelihood of each person the story introduces. I have to ask myself, "Is it possible that one day anyone in this story will come back and be unhappy enough about what was said to file a lawsuit?" "Could someone lose their job because of what is being written?" Then there’s the fact that some people just do not want their story told.
So to cover my basis, I try to hold the author to getting signed releases from everyone in the story. Even if they are currently on good terms with someone, you really never know how things change once the book comes out and readers begin to voice their opinions. I try to get doctor’s notes and before-and-after X-rays or photos that prove miraculous healings.
I certainly don’t want to see one of my author’s on HBO or Dateline, having their stories pulled apart and them not being able to substantiate them. I feel that I am there to protect my authors, sometimes from themselves, but especially from someone seeking to discredit them. I am their champion, and it is always my goal to make them look really good (or “infinity good” as my then four-year-old would say).
If you need a quick, easy way to draw up your own release form, see my post called the "8 Ingredients of a Safe and Sound Release Form."