Possible legal question regarding the use of my name in a book

[Sensitive Topic]

Certainly don't want "family" searching this.

Apparently my estranged (abandoned me when I was a small child) father has decided to write a memoir about his life as a top secret military official. He is sort of cleared to write about a lot of it now because this all took place during the creation of the nuclear weapons program and the cold war and that's basically over. All my life I knew his family was oh so very proud of him. Me, not so much. He chose his career over me every chance he got and left me with a very abusive and neglectful mother.

Without going into too much detail here is my issue. He also chose to include his personal life and that includes various things about my mother, and none of them are very nice. He drags her through the mud. While there may be shreds of truth in most of what he says he takes no responsibility and to perfectly honest IMO it serves no purpose to his book other than to air out dirty laundry for all to see and to make him look like a martyr and wonderful father.

At the beginning of the book he says: "Names of some individuals, time frames, and locations have been changed to protect the privacy
and anonymity of persons and their families." While he did change my mothers last name he used my entire given birth name and birthdate and none of the locations or time frames were changed when it comes to discussing me and/or my mother.

I did email the publisher this morning. They are what's called a print on demand e-book publisher. I told them my name was used without my permission and that circumstances were embellished or just downright inaccurate. They responded within a few hours saying they had pulled the book and would advise him to seek legal advice.

So far now he is cut off at the knees but I'm sure he'll try and get it re-published. Do I have any recourse? This thing is so disgusting to me. It's nothing but a big pat on the back for himself at the expense of people who did not ask to be dragged into his public grandstanding. While it won't be a bestseller it does have the possibility of reaching enough people where I am easily identified and my mother as well. She has a heart condition and I have no doubt this could kill her!

[Meagan]

Ugh, I'm so sorry!

First, POD publishers don't work like traditional publishers. They don't invest the same kind of money and resources into their authors, and I'm guessing most will be unwilling to put their reputations on the line--or even invest any of their money--into supporting the author or book if there are claims that it is libelous. So, if he does try another publisher, you may have luck simply contacting that one, too. If it does become published again I don't know that there's much you can do besides sue.

Here's an interesting article about libel and memoirs: http://www.jsonline.com/story/index.aspx?id=349624

and here's a blog post about a case in which a POD publisher was sued for libel: http://girlondemand.blogspot.com/2006/05/yet-another-first-authorhouse-loses.html

Good luck!

[kathy caribe]

Wow! I'm really surprised you got a reaction from the publisher. I expected that they wouldn't care or that you didn't have any recourse, so GO YOU!

Other than that, I'm so sorry but this is probably something I'd just let go - everyone has their own truth about certain events. But I totally understand your wanting to fight it.

[Sarah]

Wow! I'm really surprised you got a reaction from the publisher. I expected that they wouldn't care or that you didn't have any recourse, so GO YOU!

Other than that, I'm so sorry but this is probably something I'd just let go - everyone has their own truth about certain events. But I totally understand your wanting to fight it.

ohhhhh publishers do NOT want to get sued. At all. Ever. I would expect nothing less than the reaction she got. Getting permission is a HUGE deal. Permission for names, for lyrics, for quotes... copyright law is a vast and scary thing, and no reputable publisher would ignore a claim like this.

However, the problem now becomes.... finding out where he's taking it next. There are hundreds of e publishers out there and finding where he's selling his ms could be a problem. ST, are you in a position to hire a lawyer? A court ordered injunction might be possible.

[gfrach]

Hugs, ST!! No advice, but that does sound like an awfully difficult situation!

[~PQ]

((((ST)))) that is awful, I'm sorry that you've been betrayed AGAIN by this man and that you have had to relive those past memories. I hope he changes it!!

[ADDled]

ST, are you in a position to hire a lawyer? A court ordered injunction might be possible.
As much as it galls to spend money on this, this is probably what I'd do if I were in this situation. I'd get a lawyer and get an injunction to stop him from publishing it anywhere.

((((ST))))

[jerzymama]

I know it's a tabloid idea and you'd be sinking to his level and the potential for a worse case scenario doubles BUT BUT BUT

The potential for *truth* also exists. Most reasonable people know that there are three sides to every story.

I realize this is not the most mature advice. :(

To take the high road - you could hire a lawyer for a *one shot* letter to your father. It would probably cost you a few hundred dollars - it would say something like: you specifically decline to give any permission to publish any personal or identifying details etc and should you become aware of such a publication, you will avail yourself to whatever legal remedies exist, etc. This will give him notice and also put him in the position of potentially lying to future publishers when they ask him "if he is aware of any permissions, etc. needed for his book". They WILL likely require him sign an agreement absolving them from liability - so your dad will be putting himself in the position of being sued both by you AND a publisher. That would be a pretty big deterent IMO.

[Sensitive Topic]

I got a letter in the mail today from my "fathers" attorney. He says my threat of legal action resulted in the removal of the book from the marketplace and has thus far cost him $12,000 and will cost more in the future. Apparently some film company is set to do a documentary and the removal of the book threatens that as well. He had to cancel 2 book signings, etc. The lawyer says he is concerned that I feel my right to privacy has been invaded however he "must inform me that you have provided no basis for liability" bla bla bla and further "Mr. Jerkface is protected by parental immunity".

The lawyer goes on to say my "father" is willing to remove all references to me in future publications and to forego filing any action against me if I will sign a letter basically saying I won't sue him. He enclosed a "letter of assurance" that basically says I will not sue him with the assurance he won't sue me. They want me to sign it and notarize it. Nowhere in this letter they want me to sign do they say he will remove all references to me.

He closes the letter saying "any further response on your part will result in civil action and a telephone call and letter to the (my) county district attorney's office". District attorney's office FOR WHAT??

Sheesh. This man is so busy patting himself on the back for being some "hero" , he is the worse kind of coward there is!

[Sarah]

I got a letter in the mail today from my "fathers" attorney. He says my threat of legal action resulted in the removal of the book from the marketplace and has thus far cost him $12,000 and will cost more in the future. Apparently some film company is set to do a documentary and the removal of the book threatens that as well. He had to cancel 2 book signings, etc. The lawyer says he is concerned that I feel my right to privacy has been invaded however he "must inform me that you have provided no basis for liability" bla bla bla and further "Mr. Jerkface is protected by parental immunity".

The lawyer goes on to say my "father" is willing to remove all references to me in future publications and to forego filing any action against me if I will sign a letter basically saying I won't sue him. He enclosed a "letter of assurance" that basically says I will not sue him with the assurance he won't sue me. They want me to sign it and notarize it. Nowhere in this letter they want me to sign do they say he will remove all references to me.

He closes the letter saying "any further response on your part will result in civil action and a telephone call and letter to the (my) county district attorney's office". District attorney's office FOR WHAT??

Sheesh. This man is so busy patting himself on the back for being some "hero" , he is the worse kind of coward there is!

That's disgusting. Call a lawyer, honey. Good luck! I'm sorry you're going through this. :(

[gfrach]

Yep, I think I would consult a lawyer, too. I'm sorry, ST!!! :-(

[indigo]

I got a letter in the mail today from my "fathers" attorney. He says my threat of legal action resulted in the removal of the book from the marketplace and has thus far cost him $12,000 and will cost more in the future. Apparently some film company is set to do a documentary and the removal of the book threatens that as well. He had to cancel 2 book signings, etc. The lawyer says he is concerned that I feel my right to privacy has been invaded however he "must inform me that you have provided no basis for liability" bla bla bla and further "Mr. Jerkface is protected by parental immunity".

The lawyer goes on to say my "father" is willing to remove all references to me in future publications and to forego filing any action against me if I will sign a letter basically saying I won't sue him. He enclosed a "letter of assurance" that basically says I will not sue him with the assurance he won't sue me. They want me to sign it and notarize it. Nowhere in this letter they want me to sign do they say he will remove all references to me.

He closes the letter saying "any further response on your part will result in civil action and a telephone call and letter to the (my) county district attorney's office". District attorney's office FOR WHAT??

Sheesh. This man is so busy patting himself on the back for being some "hero" , he is the worse kind of coward there is!

he's just bullying you. And I suspect, talking out of his ass. Whatin the world could a DA do? You didn't do anything but inform the publisher that you hadn't granted permission to use your name. It was the publisher's choice to withdraw the book. If it didn't matter that you objected to him using your name, the publisher could certainly have continued to sell the book. You didn't force anyone's hand.

I'd definitely consult a lawyer. They're just trying to push you around.

[anna v]

Lawyer now I reckon.

I'm also bemused by the sum of $12 000. That's very steep for POD. Or are they trying to argue that this book is such a hot property that they might have sold that much in two book signing? Ummmmmmmm, yeah. Suuuuuuuuuuuure.

[Kari]

WTF? I am not a lawyer, but IIRC "parental immunity" only applies in personal injury cases with *minor* children. How on earth does he think that applies in this situation?


((((ST)))))


I got a letter in the mail today from my "fathers" attorney. He says my threat of legal action resulted in the removal of the book from the marketplace and has thus far cost him $12,000 and will cost more in the future. Apparently some film company is set to do a documentary and the removal of the book threatens that as well. He had to cancel 2 book signings, etc. The lawyer says he is concerned that I feel my right to privacy has been invaded however he "must inform me that you have provided no basis for liability" bla bla bla and further "Mr. Jerkface is protected by parental immunity".

The lawyer goes on to say my "father" is willing to remove all references to me in future publications and to forego filing any action against me if I will sign a letter basically saying I won't sue him. He enclosed a "letter of assurance" that basically says I will not sue him with the assurance he won't sue me. They want me to sign it and notarize it. Nowhere in this letter they want me to sign do they say he will remove all references to me.

He closes the letter saying "any further response on your part will result in civil action and a telephone call and letter to the (my) county district attorney's office". District attorney's office FOR WHAT??

Sheesh. This man is so busy patting himself on the back for being some "hero" , he is the worse kind of coward there is!

[webbeccjo]

WTF? I am not a lawyer, but IIRC "parental immunity" only applies in personal injury cases with *minor* children. How on earth does he think that applies in this situation?


((((ST)))))


Thats exactly what I was thinking!

(((ST))) he's just bullying you!

[LDSmama]

The doctrine of parental immunity, "bars an unemancipated minor from suing his or her parents for personal injuries ... Under this doctrine a parent is not liable civilly to his child for personal injury inflicted during [the child's] minority ..." (Citations omitted; internal quotation marks omitted.) Crotta v. Home Depot, Inc., 249 Conn. 634, 638, 732 A.2d 767 (1999). Parental immunity is aimed at protecting the relationship between parent and child. Squeglia v. Squeglia, 234 Conn. 259, 265, 661 A.2d 1007 (1995).

I found the above quote by doing a google search on parental immunity. Your father has either got a very shady lawyer, or a very stupid one, imo! Definitely get your own attorney!

[Sensitive Topic]

Thank you all for the support. I was able to talk to a friend yesterday whos DH is an attorney. He wants to look at the letter but he did tell her that you cannot threaten criminal action in a civil case and that an attorney could get disbarred for that. Although he did not say that in so many words, just the threat to contact the DA is enough and the guy is an idiot. He said I do have a right to my privacy and they do not have a leg to stand on. I hope so because I can't afford a lawsuit.