What kind of attorney do I need to get answers about how I have mentioned the writings of another writer in a novel I have written who is deceased? Have made statements that make it clear that she has not provided the public with morally responsible literature. I am including some of the text of the novel in a non-fiction work as well.
State/Country relating to question: Georgia
Nothing. I am under the impression that I can say certain things of Freedom of expression and making simply statements that are true and obvious, such as that the woman has a pro-abortion agenda and that this is wrong. WOuld it be slanderous to say that she is morally wrong or freedom of speech and religion to say such? Thank you for your time and help.
Matters of opinion are not subject to defamation claims....defamation arises when untrue facts are stated that damage reputation etc. As long as you are stating matters of opinion and facts that aren't provably untrue then no defamation will arise. There is a lot of room when it comes to freedom of speech and literary/political criticism...just avoid making untrue statements of fact in a serious context (i.e. not satire/comedy/parody)
Alright. Now is it proper or acceptable literary license for me to say in the context of a novel that the actual now deceased writer of an actual novel was writing with a psychic gift ("from the Sight") when she retrospectively wrote her novel relating to a character of the past? (That is, she wrote with the gift of retro-cognition. This is not true in reality but it is how things must be in my novel.)
There are a few reasons why that is likely acceptable and not defamation, (1) because the reality of the situation may not be known i.e. it's in the realm of opinion/speculation that this was in fact the case, it cannot be proven otherwise really (2) the novel is not necessarily presented as non-fiction wherein the statements are to be taken as fact (3) such a statement is not something that is really harmful/damaging to reputation or could be shown as such
Experienced in intellectual property law
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