More questions about the usage of real names, scenarios and places...

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MsK

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I know we’ve covered things like this before, but I still have questions about using names of real people, scenarios and places.
This is poorly written and has nothing to do with anything I am working on- I am just making an obvious example of various forms of name usage.
How far can we go using real names? Mixing our made-up characters with real people, real places and real scenarios?

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The year we met, Mike was the star running back for the USC football team, going on to win the ‘Heisman Trophy’ later in the year, and I was an up-and-coming actress, having guest starred on ‘Will and Grace,’ ‘CSI’ and many other popular television shows. At that time, I was up for the part of the angel played by Drew Barrymore in the’ Charlie’s Angels’ movie. Drew did great but I still think I would have made a better angel.

(Can I Say my character played for USC? Won the Heisman? Guest starred on specific television shows? Lost a part in Charlie’s Angels to Drew Barrymore? Thinks she would have made a better angel than Drew?- Would that be defamatory?)

After 8 years of playing in the NFL, winning three Super Bowl championship games with the New England Patriots, Mike was traded to the New York Giants and went on to win the Super Bowl against his old team one year later. Coach Bill Belichick didn’t smile when a member of the press asked if he thought that they could have used Mike in that game.

(Can I say my character played in the NFL? For specific teams? That he played in Super Bowl games that actually happened (2002, 2004, 2005, 2008) and had been traded from the losing team to the winning team one year prior? That Bill Belicheck didn’t smile when the press asked about my character? - Defamatory?)

As for me, I couldn’t seem to make it on the big screen. I lost roles to Kathryn Heigl, Cameron Diaz- I even lost one to Jessica Simpson.

(Jessica Simpson is not considered a great actress by many people- is the way I used her name considered defamatory?)

Left with no other options, I ended up marrying for money. My husband, Bob Smith was a Vice President at Microsoft until he left to start his own company, Bob Smith Inc. He makes plenty of money, but I think he must miss the old days at Microsoft as he is constantly telling stories about the times when it was all about Bill, Bob and Paul. On the rare occasions that we socialize with Bill and Melinda, Bob can’t seem to stop talking about those days and I can see that this annoys Bill.
(Can I say my character was such an important player at Microsoft? That they were referred to as Bill, Bob and Paul? That my characters socialize with Bill and Melinda? That my characters living in the past seems to annoy Bill?- Defamatory?)
 

FlickTick

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KISS

I would attempt to stay away from real personalities.
It complicates your script as Laywers go through scripts in the reading phase.
They would be very much inclined to nix anything that smells offbeat.

Keep It Simple Screenwriting
 

IceCreamEmpress

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All of your examples are just fine. A fictional character's negative opinion of someone's acting ability, for instance, is not "defamatory" in any way--especially if that character is an actor herself.

As for the stuff about having your character be on the New England Patriots or working as a high-level manager at Microsoft, that's fine too, as long as your character is clearly fictional and can't be mistaken for any real-life football player or high-tech executive.

[Note: my expertise on this is based on my experience as co-author of a book that took place at a very famous public place, in which very famous real-life people were named in passing. We got a long and detailed memo from the Big New York Publishers' attorneys about this stuff.]

Now, the question of whether these are the best writing choices, in terms of creating character, is a different one. To me, the passages you cite here (especially the last one) seem a bit over-energetic in the name-dropping.
 

JamieFord

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Empress nailed it.

The one thing I would caution you, and it has nothing to do with legalities, is to make sure you're not dropping in names for realism when you actually might just be distracting the reader.

Is there a reason to say Bill Belicheck, when you could just say coach? By using the real name, you're dating your writing a bit, and adding the name doesn't really propel the narrative in any meaningful way.
 

MsK

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Thanks ICE and Jamie. Just to assure you, this is not real work, I used the names to make an exagerated point about usage.
Funny, I am currently reading a book that mentions a lot of names and it does add to the particular story. Thats what got me wondering about how the author got away with so much name-dropping.

Another question...
Could I say something like my character dated Brad Pitt before he married Jen Aniston?
I'm quite certain I wouldn't say my character dated Brad Pitt during the time he was married to Jen as that would be defamatory.
 

IceCreamEmpress

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Could I say something like my character dated Brad Pitt before he married Jen Aniston?

Yes, as long as your character can't be confused with any of Brad Pitt's actual girlfriends of that era.
 

ideagirl

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To be on the safe side, don't use real people as characters in your novel, unless they're dead, and preferably long dead (see, e.g., The Difference Engine [by Bruce Sterling and William Gibson] or Mortal Love [by Elizabeth Hand]: those novels use real historical figures from the 19th century as characters). In general, the right to privacy ends at death... but there may be other rights implicated by using real characters, so to be on the safe side, limit your use of real people as characters to people who are either long-dead public/historical figures or deceased members of your own family.

However, I don't see a problem with your character saying "I even lost a role to Jessica Simpson." Your character can have opinions--even obnoxious opinions--about real people and real things. And I think you could probably have a FICTIONAL character (not a real name AND not modeled too closely on any real, living person) who talks about socializing with Bill and Melinda Gates or whatever other famous person, as long as the living famous people (the Gateses, etc.) are just very minor peripheral figures--like, if you just mention that your character socialized with them, that should be fine, but if you say "XYZ thing happened and Bill Gates said X and then he slept with my wife" etc. etc. etc., you could be in trouble. (Another example of what's okay: Elizabeth Hand's Generation Loss has as its main character a fictional photographer who talks about hanging out with various real people from the 1970s New York art scene, and she has opinions about real photographers. If one of that character's opinions was that a real photographer had, say, plagiarized something, then Hand might be risking a defamation suit--but she doesn't go that far).
 
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