Take the 2-minute tour ×
Writers Stack Exchange is a question and answer site for authors, editors, reviewers, professional writers, and aspiring writers. It's 100% free, no registration required.

I have written a true story on my experience with some individuals and major corporations. The book has factual proof throughout story. I am afraid that they may get angry and send cease and desist letter. Is it possible that it would prevent the sale of the book , even before a judge review the facts?

share|improve this question
1  
I think this depends on who's hosting it. A small ISP will probably take it down to avoid an expensive lawsuit; a big publisher might not. You might need to read your publisher's/host's terms of service to be able to answer this. –  Monica Cellio May 7 '13 at 17:00
    
YOU may take the case to court if the C&D is wrongful. In this case you may demand compensation on lost sales. –  SF. May 8 '13 at 9:47
add comment

1 Answer 1

This is a legal question more than a writing question. You probably should find a lawyer or law-related site to ask.

What country are you planning to publish in? Laws vary by country.

But just based on my general knowledge of United States law: A judge might possibly issue an injunction based on preliminary findings. You should then have an opportunity to go to court and make your case, but he could order sales of your book stopped until a hearing or trial could be held.

A retailer or publisher might decide to defy such a court order, but that would involve huge risks. Unless they viewed your book as very important, or decided that they wanted to make this a test case for freedom of speech, I suspect they'd obey the court.

That said, American courts are very reluctant to engage in what they call "prior restraint", that is, preventing publication. You don't give a lot of details, but I gather that you're saying that people may object to embarrassing things about them being published. I don't think an American judge would block publication of a book on those grounds. They're far more likely to say that you can go ahead and publish whatever you want, but that the people you write about can then sue you for libel.

If I were you, unless your goal is just to hurt people you are mad at regardless of the cost to yourself, I'd be far more concerned about libel suits than censorship. Even if you have all the facts on your side, you'd have to defend yourself in court, and that can be very expensive and time-consuming. Whether it's worth it is up to you.

If you're not in the US, laws of your country may differ greatly. As I said at the start, you'd get more useful answers from a lawyer than a bunch of writers.

share|improve this answer
    
Thank you so much .. I am writing a true story on a lawfirm that took advantage of me and another major entertainment company. I have documents attached to validate story. I am using AMAZON Kindle. I have tried to find out if Amazon would take it down, but i can not seem to get any information on it. My goal is not to hurt anyone. I am telling a story about a celebrity that I managed and the journey but with my sadness how things unfolded. I agree with you with libel suit. I have made sure the story is written with love. –  Mary May 7 '13 at 22:12
    
Also, the amount of damages in defamation suits is based in part in the size of the publication (in the legal, not book selling sense). The more people who download the book, the bigger the publication and the higher the damages. If you are worried about a lawsuit, you should at least consider taking the book down voluntarily. –  Lazarus May 8 '13 at 18:39
2  
You say you have documents supporting your side of the story, but truth in defamation lawsuits is an odd animal. Basically the other side doesn't have to show your statements were false, only that they were harmful. It is up to you to prove Truth as an affirmative defense. You would carry the burden of proof, so if it comes down to "He said"/"She said," you lose. –  Lazarus May 8 '13 at 18:43
    
Well, this depends a lot on what country you're in, and in the U.S., on whether the other party is a "public figure". In the U.S., even if someone can prove that what you said is false, you can still win a libel suit unless they can convince the court that you lied out of "malice" or that you showed "reckless disregard for the truth". These rules were made to protect reporters who write stories that are false because the reporter simply made a mistake. My understanding is that in most other countries, it's much easier for the plaintiff to win a libel suit than it is in the U.S. –  Jay May 9 '13 at 14:21
add comment

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.