Using Real people in Fiction.

Ralf_Smith · May 27, 2009

What are the rights of celebrities? Can I have a char appearing on Oprah or in love with Angelina Jolie (and meeting her)?
Or must my character appear on the show of an african american woman named Opera (with horned Valkyrie helmet to make it satirical) Or obsessed with a full lipped sultry voluptuous actress who always seems to land roles where she's a gun toting kick ass hottie, making the reader 'Equate' these chars with Oprah or Angelina but naming them something original?

Southpark and comedic movies like 'Superhero Movie' Seem to take huge liberties, are authors allowed the same freedom, where is the line?

It's an important plot point that my Sidekick char is obsessed with a hot celebrity with full lips, the 'movie star' isn't as important as the 'Celebrity' but the celebrities father must be named John. Angelina fits so well, and I want to set my story in the modern day world... But is it allowed?

dpaterso · May 28, 2009

The narrow line between parody/satire and potential legal action is kinda hard to define, but what you suggest in the case of Oprah seems to stand just on the safe side, in that you're spoofing the public chat show host image rather than the individual. Not so sure about Angelina Jolie, or even just using her first name, but if you're set on this then I'd say go for it -- write the book now and worry about it later -- your agent or publisher will certainly let you know whether they approve or disapprove for reasons of poor taste or legal considerations. Thing is, you could substitute other names that are in no way similar, and your readers will still get it.

Just my opinion, not gospel.

-Derek

DavidBrookes · May 28, 2009

It's dangerous but very fun. If you've read anything by Bret Easton Ellis you'll know that you can have real people in the books - just make sure it's your imaginary protagonist murdering people or having graphic sex, and not the "real" folks!

I must say that to keep on the safe side, writers end up making their "real" characters bland to avoid lawsuits. Tom Cruise appears in American Psycho, and he's pretty flat (but it's a great scene). But he has nothing to sue over, because he comes across normal and nice. If you wanted to write about Ben Stiller flipping out or Angie Jolie being suptuous and alluring like the characters they play, they might scream "defamation".

DavidBrookes · May 28, 2009

I forgot to mention, in a novel of mine I wrote three dream sequences in which the main character ended up meeting real life figures and fictional characters - Sean Connery, Milla Jovovich, and someone else I can't remember, were the real ones. GREAT scenes, but the point of the scenes were 'they act unlike what you expect'. So Mr Connery might well just say "I would never make drunken sexual advances towards a fellow actress". My get-out would have been "it was a dream and even the character doesn't believe you're like this", but it was too risky, so I took them out.

That and dream sequences are almost entirely irrelevant to any story.

Ralf_Smith · May 28, 2009

Thx for your replies.

Thanks, in truth I was never really going to use Jolie because I have taken great liberties with that character, and even more with the (celebrity's)? father John. John Voight would have so many of reasons to scream defamation I'd have to hock my kids.

Please excuse my problems with the possesive apostrophe, this is something I need to learn. Celebrities is plural? Celebrities' is belonging to more than one celebrity? - I'm a noob and this is something else on my list to look up right now : ( So much to learn. -sigh-

STKlingaman · May 28, 2009

You're talking about the Law.
I would seek, other avenues to
find the correct answer.

Wayne K · May 28, 2009

Would Angelina show up in court?

I'd be willing to defame her for all that media attention.

Then again I love the woman. She's as generous as she is smexy.

Pepper · May 29, 2009

On a slightly different tangent, have you considered how using real celebrity names might date your fiction?

I would go the safe option- both for legal reasons and for the sake of extending your fiction's expiry date- use fictional celebrity names.

Ralf_Smith · May 29, 2009

You have a point Pepper.

Does 'dating' a novel always 'detract' from it? I understand in certain stories the illusion that 'these events are happening right now' lends a necessary sense of urgency which you could lose if you date it.

But won't any story become dated until it becomes timeless? You could write something like Kubricks 2001 and get nothing about the year 2001 right, forever after making your work a farce, or you can write it in the 'now' use actual names and dates, places and events. Get it right and it will rise from the slump of 'Dated' to become 'Nostalgic'

Why not aim to write a classic? If a story that staked out its place in time with names like Hendrix and Joplin can enthrall me, my story with names like Oprah and Jolie could be just as powerful in the future?

RJK · May 29, 2009

I read a Clive Cussler book a while back, where his character Dirk Pitt met a retired British Secret Service Agent who was licensed to kill. He described the other character in great detail, but never used 'James Bond' or '007'. I assumed because he needed, but didn't have permission.
This deals with trademarked characters, not people, so it's probably not on topic here.

trammerng · Jun 21, 2009

What about real (licensed) events?

Hi everybody, first-time poster:

I was wondering if there are any legal issues regarding the use of real events. For instance, the Indy 500, the Super Bowl, or the World Series of Poker.

All of these things are put on by a certain group, and I am uncertain as to my right to use them in a fictional novel.

Thanks!

Using Real people in Fiction.

Ralf_Smith

dpaterso

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