Currently I'm working on a partially biographical novel (a la Charles Bukowski's Post Office) and I was just wondering how close to reality can a pisece of fiction be without having to get waivers from people the characters are based on? Or would a disclaimer of the work being fiction be enough to pardon defamation or anything else that could get a writer into trouble?
If you write a hit novel, you're probably going to get sued by any number of people. Your publisher will have a lawyer to help you. In the future, everyone will get sued at least once in their lifetime. Enjoy!
I'd write the book, then worry about the legality of it before publishing. If you have a publisher, they are going to know the ins-and-outs of how much you can say without getting sued.
I really don't think there's a problem legally as long as you change the characters' names. Although that won't prevent you from getting your ass kicked by someone who recognizes themselves. Perhaps ask them for permission beforehand?
Like they said.
I doubt Bukowski ever got a release. Or Kerouac. Or Pekar. Or Rowling (Harry Potter was real, people).
And if it's wildly successful, someone will most definitely sue you.
Ginsberg didn't sue Kerouac for calling him Carlo Marx, did he?
.... did he?
Just remember the advice of Anne Lamott. Give the character a small penis. No one will claim he is the character with the small penis.
