Navigating Legal Risk in Memoir with Kathryn Goldman - #276

Matty Dalrymple talks with Kathryn Goldman about NAVIGATING LEGAL RISK IN MEMOIR, including the delicate balance memoir writers must strike to avoid defamation, invasion of privacy, and intentional infliction of emotional distress. Kathryn explains the legal definitions and elements of these terms and offers advice on minimizing risk, emphasizing the importance of factual accuracy and distinguishing between statements of fact and opinion. We also discuss the complexities of protecting oneself when writing about identifiable real-life figures and the considerations authors must take into account when deciding whether to fictionalize elements of their stories. Finally, Kathryn touches on the implications of using real places and song lyrics in memoirs and cautions against seeking input from real-life subjects included in the memoir. She concludes with the potential benefits of including disclaimers to manage reader expectations and reduce legal exposure.

 

Interview video at https://bit.ly/TIAPYTPlaylist 

Show notes at https://www.theindyauthor.com/podcast.html 

 

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Kathryn Goldman is an intellectual property attorney who focuses her practice on the protection and enforcement of copyright and trademark rights for businesses and individuals. She represents creative professionals, writers, artists, photographers, and innovative entrepreneurs. Leaving 30 years in litigation behind her, Kathryn now focuses her work on keeping creatives out of court so they can create more work. Kathryn is also the Legal Advisor to the Alliance of Independent Authors.

 

Matty Dalrymple is the author of the Lizzy Ballard Thrillers, beginning with ROCK PAPER SCISSORS; the Ann Kinnear Suspense Novels, beginning with THE SENSE OF DEATH; and the Ann Kinnear Suspense Shorts. She is a member of International Thriller Writers and Sisters in Crime. Matty also writes, speaks, and consults on the writing craft and the publishing voyage, and shares what she’s learned on THE INDY AUTHOR PODCAST. She has written books on the business of short fiction and podcasting for authors; her articles have appeared in "Writer’s Digest" magazine. She serves as the Campaigns Manager for the Alliance of Independent Authors.