Question on writing RR stories for publication

[Anonymous]

I have spent some off hours lately writing various short stories and anecdotes from my RR career thinking of one day publishing some or all of them in whole or in part as articles or perhaps even a book of recollections. At worst it is a great way to burn those extra hours at the away from home terminal and in the van on deadheads.

One issue that recurrs is how to handle the names of individuals in the work. Obviously, those still working on the railroad still have jobs and reputations to protect and I have no intention of purposely or negligently affecting their situation through something I write that is later published. Even those who have retired or even died have the right to their peace and dignity.

I have written some stories and altered the names so no particular individuals would be recognized, but even that seems to be less than the protection I want to allow to my former (and current) co-workers. Also, I am not trying to write works of fiction, but tell stories from my own perspective, so I am hesitant to make major changes (like where certain incidents occurred).

What is the best way to handle this? Are there particular legal concerns I should be aware of?

LC

[Anonymous]

...

[kenneo]

LC

I can be off base here - it is out of my line of experience also - but many moons ago (40 years, actually) in taking writing classes in college we were admonished to make it fiction if at all possible, but where we were writing "pure fact", we could change names and actual place names, but needed to maintain an index to the real places and names, and the paper trail to prove what we had written was in fact true.

If you want more info, contact me on the side.

[Anonymous]

LC:

The legal question is Defamation of Character (libel in the written form). To do this, you have to make intentionally (or grossly negligent) false statements about an identifiable person that would cause them financial or social harm. So first, you have to lie, or, you have to make unsupported accusations. For instance, after observing a fellow employee show up for work with alcohol on his breath, you write: "Mr. Smith is clearly a drunkard." All you actually know is that he smells of alcohol. Thus, if yousay, "I wondered if Smith was a drunk," you're stating this is your opinion, not fact, and opinions are usually protected speech.

The second consideration is if the person is a public figure. Railroad employees other than the top executives are not public figures and thus have a greater legal expectation of privacy.

Take a look at the Associated Press style handbook, which has an excellent guide to libel.

The other question you're asking is how you protect the reputation of others you've worked with. Should you want to do that, you'd want to begin changing names, places, and dates -- and maybe not write at all. It's really a personal choice. You're under no legal obligation to do so (so long as you don't commit libel), but you may feel a personal obligation.

[coalminer3]

I agree with Mr. Hemphill's suggestions. You might want to look at back issues of Railroad History (the R&LHS's publication) as, over the years, they have had articles that discuss many of the issues raised in this thread.

I spend a lot of time discussing ambiguity (writing that forces the reader to decide what you mean) when I teach writing classes. Some questions to address, in addition to the ethical issues raised above, include the following:

1, Did I describe issues/situations clearly?
2. Did I explain technical concerns and problems in an understandable manner?
3. Did I clarify technical terms, jargon, and insider !@#$% - Remember, we are, to paraphrase Churchill, one people separated by a common language.
4. Did I measure and quantify where necessary?
5. Did I write in such a way that my reader can see what I saw?

Also, check your facts, check 'em again, then recheck once more.

Now for a sidebar - There's a lot of mythology that has become accepted as fact in rr-related writing simply it has appeared in print. This is, for obvious reasons, a disservice to later researchers. In short, let your research and writing support your conclusions, not the other way around.

When you're done with your draft(s) - notice I said drafts - get somebody else (who knows nothing about the subject) to edit and proof your MSS. Don't to give it to a coworker, or significant other; you want a junkyard dog to look at your material. This is the really tough part of the process, as you will wind up rewriting lots of your "deathless prose."

Good luck in your writing endeavors.

work safe

[Anonymous]

Thank you for your responses. I am aware of certain parts of the law of libel and slander including the New York Times v. Sullivan case. There is one other concern I have come across and that is the laws surrounding privacy, specifically, the use of a name or likeness for gain. Do I need to have some sort of release for this from the people portrayed?

LC

[Anonymous]

No, for the purposes you describe you need no release for written or photographic representation of anyone. Releases are required for photographs used for advertisements, catalogs, branding, and other pursuits where the goal is to use the likeness to sell a product. Journalistic, scholastic, and academic uses are protected.

[Anonymous]

QUOTE: Originally posted by Mark W. Hemphill

No, for the purposes you describe you need no release for written or photographic representation of anyone. Releases are required for photographs used for advertisements, catalogs, branding, and other pursuits where the goal is to use the likeness to sell a product. Journalistic, scholastic, and academic uses are protected.

Mark, thank you for the additional information. One last question. You mentioned the Associated Press Style Handbook in your earlier response. Is that book generally available through retail outlets or should I contact AP?

Thanks again,

LC

[coalminer3]

Amazon has it, AP has an "online boosktore" as well.

work safe

[Anonymous]

Thanks CM. I think I have found it at my local Barnes & Noble now. Just wasn't sure it was generally available.

LC