Literary works often reflect the situation of the present society and the present days. Especially the autobiographical novel and the roman a clef use the interaction of real characters as the main theme, bringing out the circumstance and interpersonal relationship of the characters in the book. Because of the autobiographical novel and the roman a clef should base on author's individual will, life experience and personal value. For this reason, this kind of literary works always, inevitably, highly similar to the real facts. As the above-noted, these kind of literary works often have the condition of "highly similar to real person" and "being based on real story." Therefore, the characters inside the books will be connected to specific real person by readers. Readers will presume the real person's life experience by the novel and will encroach on real person's rights. We will be struck by a dilemma. When the author writes the novel, he must build the fictional world by real world. This is the expression of his own personal will and his right of expression and right of speech. However, when it comes to the person who is insinuated by the novel, the disclosure about real character's private information will violate privacy and reputation. This article begins by introducing and examining two cases that provide a window into contemporary privacy tort law in the United States and the Federal Republic of Germany. The subject matter of the cases also proves quite similar; in each, a plaintiff object to an author's sharing of intimate details about him or her with the public. The American decision, Bonome v. Kaysen, concerned a memoir that revealed numerous intimate details of the author's life with plaintiff. The German decision, the Esra opinion, concerned a novel that depicted the author's relationship with his girlfriend and included many intimate details about them.