Several characters in my book are based on real-life characters. Three of the main characters have approximately 20 traits that the real-life characters have. Even though this is a work of fiction, will this harm me when these people try to sue me? I understand Burroughs is in litigation for "Running with Scissors" (A memoir though) and that Terry McMillian went to court, but won, over charges like this. Tony Morrison too. So, how much is too much to use. What is good to change? Any suggestions? Thanks.
Basing characters on the real freaks in your life
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I think Terry McMillan was taken to court by an ex who claimed she'd based a character on him and portrayed him as a right wanksock. He lost, after all, it was fiction and there's no copyright on personality traits. However, you would have to be careful not to do something really stupid like give these people the same name. It's a fine line, but there are ways of doing it. Perhaps just taking one character trait or life experience from these people and putting them all together into the one fictional person? Amalgams are always safer. Definitely a fine line.
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People can sue you, whether you actually base characters on them or not, and if you make enough money, it's likely someone will sue you.
I use real characters in my fiction all the time. I just don't worry about it.
Although it is interesting that "sue" is an anagram of "use."
People can sue you, whether you actually base characters on them or not, and if you make enough money, it's likely someone will sue you.
I use real characters in my fiction all the time. I just don't worry about it.
Although it is interesting that "sue" is an anagram of "use."
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I looked up a bunch of articles on this, and from what I can tell, there are three big rules to follow:
1. No dead giveaways that fictional character A is actually real person B, such as name, physical appearance, or specific/unusual actions that the real person took in real life. "They hooked up at a party" is one thing. "They hooked up at a party in E-24, drank cherry-lime soda mix, played Leonard Cohen records (all on track seven, repeatedly) and admitted they were both bed-wetters before kissing" is another.
2. Mix n' match. Composite characters are what make real life people and their quirks usable but not recognizable.
3. Alter as much as you can. Birthplaces, race, weight, hobbies, etc. See #2.
4. Wash, Rinse, Repeat.
The litmus test is can an ordinary, non-celebrity wake up one morning, read your book, and immediately exclaim, "Omigod! That's ME!" and find out that it's hurt his/her livelihood or reputation? Was there some kind of humiliating secret fact told in confidence between you and the alleged 'victim' in the book, like revealing that s/he is HIV positive? Use common sense.
My impression--and I'm hardly an expert--is that libel in mainstream fiction is fairly difficult to prove. However, it's wiser to save yourself the trouble.
1. No dead giveaways that fictional character A is actually real person B, such as name, physical appearance, or specific/unusual actions that the real person took in real life. "They hooked up at a party" is one thing. "They hooked up at a party in E-24, drank cherry-lime soda mix, played Leonard Cohen records (all on track seven, repeatedly) and admitted they were both bed-wetters before kissing" is another.
2. Mix n' match. Composite characters are what make real life people and their quirks usable but not recognizable.
3. Alter as much as you can. Birthplaces, race, weight, hobbies, etc. See #2.
4. Wash, Rinse, Repeat.
The litmus test is can an ordinary, non-celebrity wake up one morning, read your book, and immediately exclaim, "Omigod! That's ME!" and find out that it's hurt his/her livelihood or reputation? Was there some kind of humiliating secret fact told in confidence between you and the alleged 'victim' in the book, like revealing that s/he is HIV positive? Use common sense.
My impression--and I'm hardly an expert--is that libel in mainstream fiction is fairly difficult to prove. However, it's wiser to save yourself the trouble.
Almost every character in my novels are based on real life people, to begin with. But, as I write, the characters take on a life of their own and change into someone different. Some of the characteristics become exaggerated, others have to be changed because it doesn't fit the character anymore, etc.
Sometimes though, if it's a person who hasn't been in my life for many years, has no idea what my married name is, and has no idea I write...then I don't worry about it at all.
I use the real first name sometimes, or the real last name, but never both. Usually I use the real first name as I write, then when I'm done with the final draft, I switch everyone's names to something completely fictional.
Sometimes though, if it's a person who hasn't been in my life for many years, has no idea what my married name is, and has no idea I write...then I don't worry about it at all.
I use the real first name sometimes, or the real last name, but never both. Usually I use the real first name as I write, then when I'm done with the final draft, I switch everyone's names to something completely fictional.
FolkloreFanatic said:I looked up a bunch of articles on this, and from what I can tell, there are three big rules to follow:
1. No dead giveaways that fictional character A is actually real person B, such as name, physical appearance, or specific/unusual actions that the real person took in real life. "They hooked up at a party" is one thing. "They hooked up at a party in E-24, drank cherry-lime soda mix, played Leonard Cohen records (all on track seven, repeatedly) and admitted they were both bed-wetters before kissing" is another.
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That's the advice I always hear. From everywhere. But it goes against a lot of famous novels that used characters so accurately the writer was frequently threatened with violence, rather than with a lawsuit. In twenty-five years, I've seen one successful suit of a real character used in fiction. It was truely nasty use, and I believe that one was overturned on appeal.
Common sense prevails in how you use someone, I suppose, but in all honesty, I think it's a needless worry.
Even if you make a character up from whole cloth, it's going to fit someone exactly, and likely someone you know, even if you don't recognize them.
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Gee, I'm working on a premise at the moment where I am actually basing most of my characters on people I've seen in real life. I commute through a city on the way to Polytech and I see some really strange people. It all started when one day I saw a man climbing a tree in one of the parks, holding onto a brack with one hand and a cigarette with the other and managing to look completely dignified about it. The same day I saw someone walking down the street dressed in a top hat, sequined coat, trousers, shirt, cowboy boots, gloves, and carrying a walking cane (without the curved head). Since then I've been actively looking for people around the city to use as a base for these characters. Of course I'm only using tham as inspiration, but the idea certainly interested me. I've collected about eight or so characters so far, and I'm planning to use them in a Techno Fantasy filled with espionage, guns, elves, black-marketeer dwarves and really big explosions.
And it's a heck of a lot of fun.
And it's a heck of a lot of fun.
Let's say I'm writing about certain things that happened between a past lover and I, but that I've changed the characteristics of this person in the book. From these events, others will be able to figure out that it's her. But don't I also have a right to my own experiences?
From what I remember of libel law, truth is a valid defense--in the absence of malice. So saying that when she left you ate the entire Frito-Lay line and, fat and crumb-covered, could not attract another girlfriend might be just fine. Although somewhat pathetic.
Not allowed: Saying that when she left she got what she deserved because every guy she hooked up with beat her either literally or emotionally and when you last saw her, fat and crumb-covered, you knew she could not attract another boyfriend.
Maryn, who believes that living well is the best revenge
Not allowed: Saying that when she left she got what she deserved because every guy she hooked up with beat her either literally or emotionally and when you last saw her, fat and crumb-covered, you knew she could not attract another boyfriend.
Maryn, who believes that living well is the best revenge
I worried about this when I was writing my YA novel. (Not freaks, but real people.) The teacher is based on one of my teachers in high school. I changed the name but I kept his appearance the same. I also changed the name of the school. I'm hoping since I've been out of high school for over 30 years none of this will be a problem. Who knows, the real guy could even be dead by now.
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Jamesaritchie said:
When I'm writing about experience at my college, and many influential people in the college know who I am, and the college (uni) is in itself extremely famous, and the subject of the book criticizes experiences at said college, I don't think it's a 'needless worry.' I'm not about to risk my reputation or my degree on carelessness.
Anyone who picks up a book and thinks they are the subject would have to KNOW the author personally or have interacted with them in order to sue. Celebrities are an exception.
I don't care how people feel about my book. I DO care about being able to retain my friends and walk around campus without having to hide my face. Even though I'll probably graduate before it gets published, I want to be able to return for reunions, and I may live in the area.
All I was trying to say was to use common sense. That's neither paranoid nor lackadaisical.
Jamesaritchie said:
Perhaps you don't care to, James, but could you tell us more details about this case?
I had always had the impression that writers are allowed to fictionalize people and events they had experienced, unless it was libelous. For it to be libelous, people would have to read the book and believe it to be true about the person.
The example that immediately comes to mind is when (don't laugh, I love this guy) Eminem wrote a song about a kid who put him in a coma in middle school. He identified the kid by name, D'Angelo Bailey. As an adult, he sued him, claiming that the song, "Brain Damage," had cost him his own rap career. The judge ruled that since Eminem used phrases like, "my whole brain fell out of my skull," no reasonable person could take it literally.
Mesh, you don't say what you mean by "freaks," but I doubt a judge would rule that you aren't allowed write about someone being weird. Having said that, it's best to obscure that person as much as possible, because you don't want to have to worry about it at all, win or lose.
Has anyone seen the movies Before Sunrise and then the newer sequel Before Sunset? That's what this thread made me think of, though the characters I doubt would ever sue... I think it's impossible not to base characters in your writing on people you've encountered in real life, and that it's impossible to prove in court, ever, that you based a ficitonal character on someone.
Here's the situation- I work at a shitty job (aren't all jobs shitty) with lots of crazy people. In order to get out of my shitty job, I am trying to get my novel published. These people know I'm writing a novel and I'm sure, since they love me so much, they'll want to sue if it ever gets published. I've based characters on them, but I've changed attributes. However, of course they can pinpoint themselves in my novel by the proximinity in which they worked to me. This guy is my boss, and this other person is my co-worker, you know. But, as far as I know, Bukowski wrote "Post Office," which referred to his supervisors and co-workers without problem. It's hard to figure out what you can and can't do.
But what exactly are you saying about them? That's the question. They may have inspired the characters, but that doesn't mean they are entitled to anything. The only way they would be is if it were libelous.
I think one of my friends used me as a model for a character in her most recent novel. I've never brought up the subject, so I don't know for sure. But there were a lot of common traits (and some that I'm not proud of, but she handled them endearingly).
I read somewhere that if you give a character, who is based on a real person, a really dispicable trait, like being a racist, the real person would never sue because they would never want to admit to being that character. I haven't tried this yet myself.
What if you are writing a historical novel and one of your characters (a real person-now deceased) is involved in a murder? And while the character himself didn't pull the trigger, you write a scene in which you reveal thoughts that may have gone through his head after the fact. In this particular case my historical character feels guilty that the murder took place under his supervision, since his initial intention was to take the murdered politician in for questioning.
I have worried about the scene, since the character's remaining family may not take kindly to my interpretation of what may have gone through this character's head. The scene is important to the advancement of the plot, so I would hate to delete it. And as far as changing names, I can't imagine that would work either. The novel stays very true to history and this action was the catalyst that heightened the conflict and catapulted my characters (incl. my protagonist) into action. Changing his name would not guard his true identity and in my opinion, would make the story lose credibility.
best regards,
ileana
I have worried about the scene, since the character's remaining family may not take kindly to my interpretation of what may have gone through this character's head. The scene is important to the advancement of the plot, so I would hate to delete it. And as far as changing names, I can't imagine that would work either. The novel stays very true to history and this action was the catalyst that heightened the conflict and catapulted my characters (incl. my protagonist) into action. Changing his name would not guard his true identity and in my opinion, would make the story lose credibility.
best regards,
ileana
This might help, Ileana.
Recently, there was a novel published, I forget the title, and it was quite obviously about Patty Hearst. The author just changed her name. Patty Hearst is still alive, but this protected the author. So I think that changing the name, even if the reader still knows who it is, will protect to.
To use another example, I once read a (pretty disgusting) book by Dennis Cooper that featured two of the characters raping the bass player from my favorite band. All he did was change a few letters of his last name, and some of the words to his songs.
Recently, there was a novel published, I forget the title, and it was quite obviously about Patty Hearst. The author just changed her name. Patty Hearst is still alive, but this protected the author. So I think that changing the name, even if the reader still knows who it is, will protect to.
To use another example, I once read a (pretty disgusting) book by Dennis Cooper that featured two of the characters raping the bass player from my favorite band. All he did was change a few letters of his last name, and some of the words to his songs.
Hi, M.mesh138 said:
I'm a little worried about your motivation for wanting to publish the book, and about your perception of its financial impact on your life and your susceptibility to litigation. Publishing a single book isn't likely to fill your pockets in the way you invision, or at least as you have suggested here. People who make a living writing work very hard at it, and have to publish more than a single book for financial independence. In fact, by the time they have one work ready for publication, they are well into at least one more in a string of writing projects. As for any suit-happy former colleagues, I doubt they'll come out of the wookword unless you happen to be one of those rare individuals who make a killing on your book. If you search around for posts by James Ritchie, you'll get an idea about what it means, and what it takes, to be full-time writer. Perhaps James will back this up. Regardless, I wouldn't worry about litigation. A standard disclaimer in all works of fiction should take care of any legal exposure. You may make a few enemies, but I would guess that most people would be flattered if some aspects of their personalities made it into a published work of fiction. My humble suggestion is to use whatever tools you can find to flush out well-developed characters, and don't worry about potential fallout.
Yeah, I commute to work every day and see all sorts of things, both inside and outside the subway/streetcar/bus. If I ever run out of ideas, I'll just ride the bus for an hour or two.Beyondian said:
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