There’s always a risk in writing, especially if you’re writing about a real person, place, time, or event. Or, if you want to quote the lyrics from a current hit song. No one wants to be misrepresented. No one wants to hear something bad about the place where they live. And no one wants to see their written works copied and reused, out of context, without their consent or knowledge.

Family stories, memoirs, creative nonfiction, biographies, autobiographies, historical books of any description require discussions of real people, real places, and real events. My first creative nonfiction work was my grandmother’s story, Personal Notes. I included quotations from her journals and letters and recaptured what I remembered of the stories she shared (she was quite the storyteller). But there were names being used: family names, friends, acquaintances. I skirted the issue by referring to some family members as a nephew or grandchild, without being specific.

Some family stories might be better left in the closet, but portions need to be retold to give the reader perspective on the key person in the story, in this case, my grandmother. I had to include sensitive things, like her alcoholic brother and a daughter who died in a tragic accident which may have been a murder. My grandmother had never really discussed these family failings; they hurt too much. My mother, Gran’s surviving daughter, also avoided talking about them. It wasn’t until after both my grandmother and my mother had passed away that my father revealed a more thorough story of these trying times in my grandmother’s life. Even with his go-ahead approval, I had to be careful how I tackled it: what names I used and how brutal I was in the telling. But everyone was long dead at this point: my grandmother’s uncle and his children were gone; my mother’s younger sister, Josephine, was gone and there were no children. Even Josephine’s husband, the man my father accused of murdering his wife, was gone. There was no one left to care what I wrote about them. With no survivors, I didn’t need permission.

When writing a contemporary work of fiction, it might seem appropriate and timely to include lyrics of a popular song often heard on the radio. Or, to quote an oft-used catchy phrase. But, wait a minute. This isn’t your written masterpiece. It’s someone else’s. Before taking pleasure including part or all of the song’s lyrics or the catchy phrase to set the mood scene in your novel, seek out the source of the work. Who wrote the original lyrics? Is the songwriter still alive? If not, has the songwriter been dead long enough for the lyrics to be in the public domain? Even so, the family or producer of the original song may have extended the copyright. You must seek the appropriate permission. And, in many cases, that may cost you. So, have an alternate plan to instill the mood you were trying to achieve. Ask yourself, are these lyrics really necessary? Is the catchy phrase an essential part of your work? You’re a writer, find a creative alternative. And use it.

Now, if the music has been in the public domain for some time, as in centuries, no problem. When I was writing my novels in the Four Seasons series, Spring, Summer, Autumn, and Winter (two more novels in this series are seeking publishers, Songs of the Ottawa Valley and Hidden Music), I used a quote from Vivaldi’s poetry that he wrote to accompany his famous violin concerto, The Four Seasons. With Vivaldi being dead for over 250 years, there was no issue. And, I was providing adequate acknowledgment (proper references) to his written work to ensure that the reading public realized I wasn’t claiming his writing as my own.

Show respect to the people, the places, and the events you write about. Show respect to the written words you choose to include in your writing. Properly source the material and get permission.

On top of getting permission, I always include a disclaimer and an author’s note, citing that my writing is my perspective on what was, what is, and what might be in the future. The disclaimer might not allow you full leverage to use and write what you want, but it doesn’t hurt. I use it often and as effectively as possible, rewriting it each time to suit the work it precludes. If it’s a family piece, I also include something in my author’s note to stipulate that the story I’ve written is how I remember it happening and that others in the family, or acquaintances, may have seen a different side of the story.

When writing about real people or using words from real music make sure you have yourself covered. This is an ethical situation, but, ultimately, the responsibility is yours to make sure whatever you write shows respect and care for the person, event, or place you are writing about. Always get permission. If you’re still in doubt, leave it out.