Self Publishers Beware!

Publications >Self Publishers Beware!

 

With improvements in technology and sophisticated printing services being more readily available to many people, particularly retirees, are now taking the opportunity to self publish their memoirs, their warts and all account of their life’s story.  Whilst this can be a richly rewarding experience it can potentially be a legal minefield.  Defamation, copyright, confidentiality and privacy are just some of the issues that can and frequently do arise when publishing a book.  Of course these considerations can arise with any publication, not just biographies.

 

Self-publishers are however more vulnerable in such situations as they often don’t have the knowledge, financial resources, experience and backing of a large publishing house.  When self-publishing, it is important to bear in mind that if an author does publish words which are found to be defamatory, they risk the possibility of a substantial award of damages being made against them.  It should also be borne in mind that generally speaking in a defamation matter it is immaterial whether an author intended the words published to be defamatory or not.

Even if the publication is defensible authors would generally not wish to expend their time and money defending a court action.

In 1997 publishers Random House Australia published a book entitled “Goodbye Jerusalem: Night Thoughts of a Labor Outsider”.  Former Federal Cabinet Ministers Peter Costello and Tony Abbott and their respective wives sued the publishers for damages for defamation in respect of the book.  On the hearing of the matter the court ultimately awarded the Plaintiffs a total of $277,500.00 plus legal costs.  The damages award was however only part of the expense incurred by the publisher.  It had its own legal costs to pay and it also had to bear the expense associated with retrieving unsold copies of the book and destroying the same.

Generally speaking the law considers the publication of defamatory words contained in a book to be a more permanent and therefore more serious form of defamation which is often reflected in the award of damages made in such circumstances.  Books can be passed from reader to reader and are of course kept in libraries for many years after release.

Even where an author has the backing of a publisher, most publishing agreements provide that the author indemnifies the publisher in the event of a claim.

For all of these reasons we strongly recommend that all authors, particularly those that are intending to self publish, take pre-publication legal advice before their manuscript is submitted for printing and release.

We have considerable experience in pre-publication advice and advising authors prior to publication and can generally eliminate or significantly reduce the risk of a claim.  We also have experience in publishing agreement negotiations for those authors who have a publisher.  Don’t let the publication of your life story become a living nightmare which seriously jeopardises or depletes your financial reserves.

 

Rostron Carlyle

 

"The information contained in this article is general in nature and cannot be regarded as anything more than general comment. Readers of this article should not act on the basis of this comment without consulting one of Rostron Carlyle's legal practitioners who will consider their particular circumstances."

 

Expertise

 

Rostron Carlyle's lawyers have a wide range of experience assisting people to defend defamation actions.

Not only will you find that Rostron Carlyle is likely to have assisted someone in your exact situation, but you’ll find that a Rostron Carlyle lawyer can distill a complex legal issue into a set of actionable options for you to consider.

 

A Rostron Carlyle lawyer will be a person that you can relate to.  We'’ll talk your language. Most

importantly, a relationship with a Rostron Carlyle lawyer will be "a relationship you can rely on".

 

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