Before a manuscript becomes a published work, it passes through many hands – editors, agents, publishers, designers. But one step too often overlooked is a legal manuscript review.
At Prosper Law, we review fiction and non-fiction manuscripts for authors, publishers, businesses and creative teams. And whether it’s a memoir, biography, true crime book, or commercial publication, we see the same legal issues appear again and again.
This article, by our experienced book lawyers, breaks down the most common legal problems we identify, why they matter, and what authors can do to safeguard their work before it reaches the public.
Key Takeaways
Manuscripts often contain hidden legal risks, especially in memoirs, biographies and true-crime writing.
Defamation, copyright, and consent are the three most common issues we flag.
Publishing real stories without proper permissions or fact-checking can expose authors to litigation.
A legal review highlights risks early, helping authors fix issues before publishers reject the work.
Proactive review keeps manuscripts publishable, ethical, and legally robust.
What We Most Commonly Flag in Legal Manuscript Reviews
1. Defamation Risks in Describing Real People
Defamation is the standout issue across almost every non-fiction manuscript we review.
Common pitfalls include:
naming real individuals without evidence
describing people in a negative or harmful way
presenting allegations as fact
hinting at someone so clearly the reader can identify them
Even “changing the name” doesn’t always protect you if other details allow readers to work out who the person is.
Why it matters:
A defamation claim can lead to large damages, publication bans, and major reputational fallout.
What authors can do:
Stick to verifiable facts
Avoid unnecessary personal detail
Consider anonymising or altering identifying elements
Get legal review before submission
Legal Tip: Before writing about real individuals, it’s important to understand how Australia’s defamation laws work – our guide on how to write about real people without getting sued explains the key risks and how to manage them.
2. Missing or Insufficient Consent
When real stories involve real people, consent is essential – especially in memoirs, family histories, and true-crime writing.
Common consent issues we identify:
writing about living individuals without permission
including sensitive personal information
publishing private conversations or messages
using photographs or documents without approval
Why it matters:
Lack of consent can create legal exposure under privacy, confidentiality, and defamation laws.
What authors can do:
Obtain written consent early
Keep a record of conversations, interviews, agreements
Use consent forms when interviewing subjects
3. Copyright Breaches (Usually Unintentional)
Copyright problems are extremely common, particularly in drafts containing:
song lyrics
poems
quotes from other books
screenshots or images
letters, emails or journal entries written by someone else
Copyright applies even if:
the material is old
the author “found it online”
only a few lines are used
Why it matters:
Publishers may refuse the manuscript, and rights-holders can demand licence fees or take legal action.
What authors can do:
Use original material where possible
Obtain licences for third-party content
Rely on public domain or properly attributed quotes
If your manuscript includes quotes, poems, song lyrics or excerpts, check out our guide to using quotes and excerpts in your book to avoid breaching copyright.
4. Privacy & Confidentiality Issues
Authors often include sensitive details about real people without realising it breaches privacy or confidentiality.
This includes:
financial information
medical history
sexual behaviour
substance use
employment or disciplinary records
Why it matters:
Publishing private information without consent can be unlawful, even if it is true.
What authors can do:
Ask whether the detail is necessary
Remove or generalise sensitive information
Use composite characters where appropriate
Protect your book from defamation, copyright and privacy risks – enquire now to see how Prosper Law can help you!
5.Lack of Disclaimers, Content Warnings & Clarity Around “Creative Licence”
Fiction authors often assume “it’s fiction, so it doesn’t matter,” but legal and ethical issues can still arise when:
characters too closely resemble real people
fictional events clearly mirror real scandals or news stories
brands, products or businesses are portrayed negatively
fictional use of trademarks may imply endorsement or criticism
sensitive topics (e.g. suicide, abuse, violence) lack appropriate trigger warnings
disclaimers are missing, unclear or poorly drafted
Why it matters:
Readers may still identify real people or businesses, leading to potential defamation, misleading association, or trademark misuse claims.
Omissions like inadequate content warnings can also expose authors and publishers to reputational harm, complaints, and ethical scrutiny.
What authors can do:
Avoid basing characters too closely on real individuals
Rework details so characters and events are not identifiable
Use a properly drafted fiction disclaimer
Add trigger warnings for suicide, self-harm, trauma, or highly sensitive material
Avoid naming real brands unless usage is neutral and factual
Ensure no trademarks are depicted in a way that implies endorsement or discredits the real brand
Remember: True crime or memoir = High legal risk! Reach out today to get an experienced book lawyer to check your manuscript.
6. Ethical & Accuracy Issues
Many works, including true-crime and autobiographical types, carry additional ethical risks.
We regularly flag issues like:
publishing allegations without evidence
- revealing confidential police or court information
inconsistencies or factual inaccuracies
Why it matters:
Errors or unethical content can cause legal issues and damage credibility with publishers.
What authors can do:
Do not express opinions or allegations as absolute facts
Fact-check thoroughly
Use primary sources
Seek legal review before submission
If your manuscript contains allegations or strong opinions, it’s worth reviewing the defamation defences available in Australia, so you understand what may or may not legally protect your work.
Author Legal Risk Checklist
Use this handy checklist before submitting your manuscript for publication:
Avoid naming or identifying real people negatively.
Stick to verifiable facts.
Get written permission from anyone featured.
Use consent forms for interviews or private content.
Don’t use lyrics, poems, quotes or images without permission.
Ensure you own rights to letters, emails or documents.
Remove sensitive personal details about living individuals.
Anonymise where possible.
Double-check facts, dates and events.
Separate fact from opinion or creative interpretation.
Ensure characters can’t be linked to real people.
Use a proper disclaimer.
Frequently Asked Questions (FAQs)
Do I need a legal manuscript review even if my book is fiction?
Sometimes, yes. Fiction can still create legal risk if characters resemble real people, other copyrighted works are mentioned or too closely reflect real events.
Before sending your manuscript to a publisher, check out our rundown of the 5 Reasons You Should Get a Lawyer to Read Your Book – it highlights when legal input can turn your draft from risky to ready.
Can I use short quotes without breaching copyright?
Not always. Even short quotes may require permission from the copyright owner (unless they fall under a valid exception).
Do I need consent to write about someone I know?
If the person is identifiable and the content is sensitive, harmful, or private, consent is strongly recommended.
They may request that the specific information about them is changed – which is always better to know before publishing.
What if I change the names of people in my book?
This can help de-identify the individual to readers, but changing names is not enough if other details reveal the person’s identity.
For example, where the contextual or surrounding details make that person identifiable (such as locations, occupations, schooling or other personal information).
At what stage should I get a legal review?
Ideally, at the second-to-final draft – once the manuscript is developed and well-structured, but before publishing.
Authors planning to publish independently should also read our self-publishing legal guide, which covers copyright, contracts, scams, and common publishing pitfalls.
Remember: We’re not editors, so the manuscript should be mostly complete and professionally edited (if required) before the legal review stage.
