Can You Use Real Names in Your Book? Tips for Non-Fiction Authors!

You're writing a book and you're telling stories from your life, and it hits you, what could happen if this person is mad that I use their name? Well, that's a valid concern. And almost weekly someone asks me, can I use real names in my book, or should I get a waiver from people if I name them in my book? So if that's something you're wondering, well, this video is for you.

Hey there. I'm Julie the Book Broad, founder of Book Launchers, your first choice in nonfiction book writing, publishing, and promotion support. So you're talking about other people, eh? Admittedly, a book would be pretty boring if you don't talk about anyone else in your book. And we're all about no boringbooks at Book Launchers. So of course we name names, but here's how we walk through what is okay, what's questionable, and what is probably not a good idea with naming names situations. In nonfiction books, you can absolutely use other people's names, and. And often you do not need permission. But I'll walk you through that step by step in a second. Why does all this matter? Well, using real names in nonfiction books does carry legal risks that authors should be aware of. There's the defamation risk. Publishing false statements that harm someone's reputation can lead to a lawsuit. Any negative statements about living individuals must be true and supported by evidence. There's also the invasion of privacy. Disclosing truthful but embarrassing private facts about identifiable individuals can be problematic, especially if the information is not relevant to an important account. There's also the right of publicity. Using someone's name, image, or likeness without consent for commercial purposes can potentially violate their right of publicity. This right can sometimes extend beyond a person's death, too. The right of publicity serves to prevent unauthorized exploitation of an individual's identity, particularly in advertising and merchandising. But it also provides legal recourse for those whose personal attributes are used without permission for commercial purposes. Now, celebrities usually are more valuable as far as their identities and are more likely to pursue legal action. But every person has the right to control the commercial use of their name, image, or likeness. So, I know those risks sound scary, and you're smart to want to protect yourself when using real names in nonfiction. So here's what I recommend. First, obtain written permission. When possible, get written consent from individuals mentioned in your book. That said, seeking permission from everybody you mention is a lot of work. So my own personal rule of thumb is that I only seek permission if I'm sharing something that may not be widely known. Or it's something that could be perceived as not positive. Usually though, I anticipate they won't like it. So rather than go through those hoops, I just change their name and blur some details so they're not identifiable. The second thing I recommend is to stick to facts. Ensure all statements about real people are factual and verifiable. If you have high quality sources for things, even if you don't have permission. If you're usually in a pretty safe place. But make sure they're good quality sources like Wikipedia doesn't count. And then finally, consult an attorney. Seek legal advice from a knowledgeable lawyer if there's sensitive content involved in particular. But if you're uncomfortable or worried at all, just pay for the consult. That consult is going to be cheap compared to not having peace of mind or compared to what could happen if something does go wrong. So in summary, my basic guidelines for using real names for positive or neutral mentions. You don't need explicit permission. If writing something negative about a person and it's not based on verifiable sources, you should absolutely seek written permission or just change all identifying details. Permission is always better in writing, so verbal permission, not so good. And when asking for their permission, send them the specific parts of the book that mention them. If the person is deceased, generally you can write about them, but but you may wish to ask their next of kin for permission. Ultimately, to protect yourself legally, be aware of potential defamation risks. So tell the truth. But also use a disclaimer on the copyright page explaining name changes, such as some names and characteristics have been changed to protect identities. And also consider consulting local defamation or libel laws or an attorney for a consult. I think ultimately my advice is listen to your gut. If you feel uncomfortable about something or or you think you'd be upset if someone wrote that about you, you should take the next appropriate step of permission, blurring details or contacting an attorney. Every book, every relationship and every story is different. So no one size fits all advice applies here. Wishing you a noboringbook full of stories that engage and enlighten your reader. All right, next up, this is the video that YouTube thinks you should watch next. And this is the latest and greatest from the channel. I'll see you there.