The WMF Archives: Protecting Yourself from Other Writers

Tuesday, August 31, 2010

Protecting Yourself from Other Writers

6:09 AM

Recently, I found myself a victim of another writer, who decided to abuse the power of the pen. A few weeks ago, I learned a woman, a complete stranger, took it upon herself to write a book that included information about me and my family, including pictures and information about my children. Every time I think about it, it infuriates me that a fellow writer would take advantage of people like this.

She has completely compromised my family and my children's privacy. When I first learned what this woman had done, I was at a complete loss at what I could possibly do to get back my family's privacy. I hope no one else ever finds themselves being victimized in this way by another writer, so this post will be how to take the first steps to protect yourself and your family.

Rights to Privacy

Everyone has the right to maintain privacy. There is a 'Rights to Privacy' law, which prohibits others from publishing information about your private life without written consent. Here is a basic description about the law:

"United States privacy law embodies several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his or her private affairs, discloses his or her private information, publicizes him or her in a false light, or appropriates his or her name for personal gain."

Cease and Desist

Once I learned this I was told by an attorney to send the woman a cease and desist order, have it notarized, and sent certified mail. This is important because you will be sent the receipt after the person has signed for the envelope, which is vital evidence in court. Make sure you send a copy to yourself as well and do not open it, which is further proof in court.

A cease and desist order notifies the person they have invaded the 'rights to privacy' law and what they are doing is illegal. It gives the person a certain amount of time to destroy the invasive content and to send proof they have done so. Unfortunately, if they do not comply with the demands of the order further legal action needs to be taken, which I have learned is very expensive.

While none of this will regain my family's privacy or get my children's pictures back from this stranger, there is still a sense of satisfaction and relief that comes from knowing I could put a halt on this woman's abusive power of the pen. All I can do is hope this woman has a shred of moral decency to stop her actions before my children's privacy is harmed farther.

And another word of advice, be very careful what you post on social networking sites because you never know when someone will take that information and use it as they please.

Definition taken from Privacy Laws of the United States

Labels: abusing the power of the pen, Alyssa Ast, rights to privacy law

4 comments:

N. Strauss said...: I'm sorry this happened to you, Alyssa.; August 31, 2010 7:09 AM
Craftdrawer said...: This is too bad that something like this happened. You would think that someone would think first before using another person's photos. Good luck with everything!; August 31, 2010 7:37 AM
Rebecca said...: I can't believe someone would do this, especially in this day and age. Sometimes I wonder what goes through the minds of people. This is why I'm very interested in psychology!

I hope everything turns out all right for you and your family. I agree that it's best to be cautious when you post information on social media sites.

Keep the faith...; August 31, 2010 8:46 AM
Petula said...: I'm amazed that this happened given the fact that you need permission in writing. Who published this book for the woman? I'm so sorry this happened and I'm infuriated for you. I hope you're able to stop further distribution.; August 31, 2010 4:37 PM