Memoirists, biographers, and sometimes even fiction writers all have the opportunity to use real life subjects in their work. 

But the people around you aren’t simply fodder for your career. And even if you’re a journalist, with a duty to report information if it’s in the best interest of the public, there is a code of ethics to follow. 

Depending on what kind of work you’re doing, and what you want to use real-life figures for, your path forward is clear so long as you lead with openness and integrity. 

Journalistic Ethics

If you went to journalism school, you’ve probably had classes on proper ethics. Most of the time, this comes down to openness and paying attention to state laws. 

If you are recording a conversation with someone, make sure you know if it’s legal to do so without their knowledge in your state. If at all possible, and this is nonnegotiable depending on your state’s laws, get explicit consent recorded before you ask absolutely anything else. Your subject should know why you’re speaking to them, who you are, and what you intend to do with that information. Again, depending on the kind of work that you do—you may be doing some true crime investigating with people who don’t want to talk to the press—always make sure you know what is appropriate under the law. Consulting a lawyer is your best path forward. 

With legalities and consent out of the way, it’s best for your subject to understand what your role is as a journalist. You aren’t their friend, you aren’t their publicist, and you can’t assure them that they’ll like what you have to say about them. Don’t make any promises you don’t intend to keep. 

Biography and Memoir

Writing a biography is a journalistic endeavor, and even if you don’t come from a journalistic background, you should consult a lawyer on how to set yourself—and your subject—up for the clearest path forward. 

Memoir can feel a bit more tricky. After all, if you’re telling your own story, why should you ask anyone else’s permission? 

Once again, consult a lawyer, and know your libel laws. Many people who have written memoirs about experiences in abusive relationships have had to adjust what they say in print in order to protect themselves. Sometimes using a fake name is enough, but sometimes it isn’t, so make sure you have the all clear from a lawyer, especially if you’re self-publishing. 

But beyond serious cases like that, it’s also a matter of consequences. How would you feel if the person you were mean to on the playground when you were seven years old wrote a book trashing you, using your real name? Even if you learned that someone publicized something positive you did for them, it’s uncomfortable to have your name put out in the world without your knowledge. 

Consider the other person’s feelings and give them a heads-up if they’re appearing in your memoir. Maybe default to using fake names for everyone. Unless they did something truly heinous, your low-level workplace nemesis probably doesn’t deserve to be put on blast in the public square for their passive-aggressive emails. 

On the other hand, maybe you don’t care if the person you’re writing about is unhappy with you. That’s actually a good trait to have, especially if your work leans more journalistic. Just do a reasonable job of considering everyone’s feelings, including your own, and remember the fact that once your book is out there, there’s no taking it back. 

Based on a True Story

Fiction authors sometimes think they have a free pass here. After all, if you’re writing a fantasy novel where everyone uses magic and lives in the middle ages, how can you possibly run into libel laws? 

This is where things come down more to morals and ethics than the law. 

If your best friend confides in you the details of their marriage, how their beloved spouse was revealed to be an adulterer, and you make that specific scenario part of your hero knight’s tragic backstory, your friend will likely feel hurt and violated.

If something from someone’s real life is so inspiring to you that you want to write about it, talk to them about it first. If they aren’t comfortable with you using their life for your story, that doesn’t necessarily mean the subject is off limits. Assuming you want to respect your friend’s privacy, think about the root of why their story stuck with you. If you want to write about infidelity, you certainly can, but there are infinite ways to make that the center of your story without it playing out the way it did for your friend. 

Focus on why you wanted to write about that topic, but make it your own so that when your friend reads the book, they won’t see themselves in it. 

Ask for Permission, Not Forgiveness

Whether you’re dealing with the law or someone’s feelings, know what you’re getting into before your book hits the shelves. That way, even if you’re going against someone’s wishes, you’ll be prepared to protect yourself from legal fallout, and be sure that you’re prepared to deal with personal fallout. 

Chelsea Ennen is a writer living in Brooklyn with her husband and her dog. When not writing or reading, she is a fiber and textile artist who sews, knits, crochets, weaves, and spins.