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Privacy advice - DH is mentioned in a book without permission

64 replies

toomanypillows · 25/10/2018 12:25

I would love some advice!

DH has just received a round robin email from his former boss advertising the book she has just written
For a bit of background. DH worked with her, for several years (she was his line manager.) She and her brother both left there, and were asked to leave. DH continued to work there for another 5 or so years, the directors board changed a few times, and then she and her brother came back to the business and bought it out, owning 50% each.
They did a huge sweep of the workplace, changing roles and revamping. Most of the staff were ad hoc or freelance, so they were able to make instant changes. My DH was the only staff member on a contract, but at the time of the changes, they hadn’t realised this. They wanted to alter everything about his job – hours / core role / location – it was ludicrous and completely untenable.

Anyway, plenty of unreasonable changes led to unions getting involved and eventually, after almost 8 months of negotiations and on legal advice, DH threatened to sue them for breach of contract. Their lawyer suggested that they offer him a financial deal (knowing full well they would lose in court) and DH received a hefty pay out and substantial gardening leave, with some conditions. He had to leave, of course, which really affected him as this was a career he absolutely loved, in a dwindling industry which he hasn’t been able to break back into.

We have had no contact since he left, 7 years ago.

The email he received today about the book is particularly galling, as it charts her “meteoric rise” in the industry “against all odds” – it’s basically a memoir of how brilliant she is and how she became successful.

A former colleague of DH’s has a copy of the book, and has sent us some excerpts. It mentions my DH by name several times – and actually his full name. There are also a couple of photos that he is in. It’s worth mentioning that in the earlier parts of their careers, they worked together voluntarily a good deal, and DH helped her get to “where she is” by association. She also headhunted him initially.

Most of the references are factual or just in passing, there are some interviews and anecdotes and most of them are complimentary or just mentioning him. But he hasn’t agreed to any of this – he didn’t know anything about it, and given their history, absolutely doesn’t want to be associated with her celebration autobiography. There is also a section where she talks about the buy-out and mentioned that her former friend and colleague stabbed her in the back by threatening legal action and how pleased she was that she "ousted him" from the industry. She doesn’t mention him by name here, but she refers to him specifically by job title, so it’s clear who she is talking about. She glosses over the fact that her lawyer advised her to pay him off, of course.
So – I don’t know what to do. We aren’t in a position to pay for legal advice, but surely she can’t just print this book without getting DH’s permission? I know it’s going to upset him, as he never really got over it in the first place.

Anyone have any advice? Has she acted illegally?

Post edited by MNHQ at OP's request

OP posts:
HollowTalk · 25/10/2018 14:16

If I were him I would be the first to review it on every single site I could find.

RiverTam · 25/10/2018 14:16

well, they might. I mean, if it's Penguin then they'll have had a lawyer all over it already, and yes, will have plenty of money to defend themselves, but if it's some teeny tiny publisher (kind of one-step up from self-publishing) then probably not.

Thenewdoctor · 25/10/2018 14:20

It’s not necessarily a breach of gdpr if the email address she used is in the public domain.

QuimReaper · 25/10/2018 14:34

I'm not sure why everyone keeps going on about the statements being factually accurate, given that I assume OP's DH wouldn't agree that it is accurate to say that he stabbed her in the back.

Because if it's true then it isn't libellous / defamatory (by definition). The author didn't refer to OP's husband by name in the "stabbed in the back" passages, although it sounds like she was pretty transparent so they might have a case there.

SugarandVinegar · 25/10/2018 14:35

This article gives an idea of what the law is on this issue, op: www.fieldfisher.com/publications/2013/09/life-story-rights-in-the-united-kingdom

If I was you I'd get a solicitor to send the publishers a (strong) letter asking/telling them to remove all your DH's references from the book.
It will work out cheaper than having a solicitor consultation and there's the chance it would be easier for the publisher to agree than fight it.
If the publishers refuse your request I'd assume they're pretty law savvy and walk away.

RiverTam · 25/10/2018 14:37

why waste your money, though? The OP needs to ask if a legal read was done and maybe request to see it (no idea if that can be done). That at least will cost her nothing.

LuckyDiamond · 25/10/2018 14:39

Annoying. I’m mentioned inaccurately in someone’s life story but the book itself has probably sold 200 copies (to the person’s cult fans)...it’ll draw more attention if he takes any action.

Be sure to leave bad reviews all over the place using different aliases.

TheCountessofFitzdotterel · 25/10/2018 14:45

Don't bother reviewing. It'll just encourage him to dwell on it.
Either the book will get mainly bad reviews anyway, in which case one more won't make much difference and it'll be far more satisfying to watch it flop without his help, or it'll get great reviews and his bad one will stand out and look bitter.

Everyone with any sense knows that these 'how I rose meteorically through my own utter brilliance' books are full of self-mythologising and tend to at the very least slant the facts in a particular way.

SheCameFromGreeceSheHadaThirst · 25/10/2018 14:46

I believe most lawyers offer a 30 minute initial consultation free of charge, which you could try

Yay! Just three posts in and we've got the 'free half-hour with a solicitor' Grin

Log it with 101, get all your ducks in a row, then book a spa day, OP Wink

toomanypillows · 25/10/2018 14:50

I suspect the book is breathtakingly dull. I can't imagine it will sell many copies - particularly if she's emailing all her contacts asking them to buy it!

I'm not really bothered about pursuing it for us - I guess in some ways it's more of a "let's hope this all goes tits up for her" after what she put DH (and me) through. But I'm not going to let DH give her any more headspace - we had enough of that at the time.

I don't know who owns the photos. They're snaps of events and meetings and the "early days" of setting up the company, from what I can see - so she probably owns them herself.

I agree there's not much that we can reasonably do - especially if we don't want to give it time and effort ( and especially cost!) but it's been good to have a rant and some feedback

OP posts:
GlasgowWorrier · 25/10/2018 14:55

Most memoirs featuring real people require a disclaimer from the author taking responsibility for the accuracy of information (and even fiction contracts have clauses to cover plagiarism, etc) - like rivertam I'd have thought there'd have been a legal read if it's likely to sell more than a few copies.

If it's a very small publisher/very small print run, then console yourself with the thought that the only people buying it will be ex colleagues checking to see if they're mentioned. Maybe someone should cc everyone she's tried to hit up in her email, volunteering to buy one copy to circulate between them to save the expense?

RiverTam · 25/10/2018 15:22

to be honest I would still get in touch if it's a small publisher, if only to put the wind up them and make them realise that if they don't fork out for a legal read they could end up in court.

hellokittymania · 25/10/2018 16:13

This actually happened to me and it was about quite a sensitive subject. Thankfully, the person who wrote it was an idiot and I doubt many people read his book. I did look into doing something, but there was really no point.

I was livid at the time though so I completely understand. It's horrible.

DaisyDreaming · 25/10/2018 17:44

I would see how the book does, chances are you can enjoy the satisfaction of it not selling well and poor reviews, can’t stand books which are patting the authors on the back!

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