Using Real Names in Nonfiction Books
I edit a lot of nonfiction books, and many people write about their own lives and the people in them, mentioning them by name. If you’re writing anything positive or neutral about someone, that’s fine. You don’t need to ask their permission to use their real name (although it’s still nice to do so). But what about if you’re writing something negative about someone or quoting them from a conversation (or other unpublished, unverifiable source)? Can you include their real name then?
Sure! But you need permission if you don’t want to get sued . . .
If you thank someone by name in the acknowledgments section of your book, you don’t need permission because it’s probably a positive or neutral mention. If you want to talk about how your stepdad ruined your life, you’ll need permission because that’s negative. Seems pretty easy, but when in doubt, always ask permission. I’ll mostly be talking about negative mentions in this blog post.
How Can I Get Permission?
Written permission is always better than verbal permission. Send an email, text, snail mail, Facebook message, whatever you want to them asking if it’s okay that you use their name in your published book. You’ll need to send them any parts of your book mentioning them too. Once they’ve acknowledged the mention of them in your book and given you permission, you’re in the clear. Make sure the messages are very clear. Any ambiguity could be a problem for you later.
What If They Say No?
No means no. You’ll need to use a fake name and remove any identifying details. For example, you could use a fake name to talk about your terrible brother, but if you publish under your own name, anyone can figure out who you’re talking about since you say he’s your brother.
To get around this, you have two options:
Don’t mention that he’s your brother. Don’t give any indication to your relationship to him; no one should be able to figure out who it is.
Don’t publish under your own name. You can use a pseudonym to protect your identity and the identities of the characters.
What If They Are No Longer Alive?
Ask the next of kin for permission.
What If I Don’t Want to Ask Them?
Then you can’t use their name. Again, you can either use a fake name for them and remove any identifying details or publish under a pseudonym.
How Do I Tell Readers I Changed the Names?
Add a notice on the copyright page. Here's an example I found online:
“This book is a memoir. It reflects the author’s present recollections of experiences over time. Some names and characteristics have been changed, some events have been compressed, and some dialogue has been recreated.”
For more information on this, check out defamation or libel laws in your country.