Reality-based fiction?

[ashleylopes]

I am a new writer and have been working on a compilation of short stories, essays on young women. They are all based on real women, with facts changed. Since I have not completed interviews with these women and not every detail is factual, I consider it fiction. They are all also told from the first person point of view. I am assuming this genre is called something like reality-based fiction, but unsure. If anyone knows anything about this type of writing and if their is a market for it, please send me this info. Thanks, Ashley

[mshaw]

First you have to remember the old adage, "You get what you pay for." when taking my advice. ;o)
I think most fiction, in some way or another, is born from real events, memories, emotions; something as simple as someone asking themselves, "What if that, instead if this, had happened?"
Make sure you've changed things enough so nobody can read the story and say they know who you're talking about or you could wind up in legal trouble.

[HConn]

I recommend you go to a bookstore or library and look into a book with legal advice for writers. There are definite pitfalls here.

I'm not a lawyer, or I'd offer more details.

Good luck.

[Tish Davidson]

You might try to find a board that discusses true crime and ask your question there. Those writers must deal with fact/fiction/real people all the time. Sorry I can't be more helpful.

[rtilryarms]

I agree with the consult a lawyer advice. I love to embezzle a good true story and I am told I have to be careful. The stuff I post here is just to see if there is an interest of these kinds of stories but I have a long one that I wrote / am writing based on true events and powerful people spanning over 115 years. So my lawyer will read it before I even try to push it.

Please keep us updated

[veingloree]

The simple rule is that if *anyone* could tell who your inspiration was just by reading the story then you may have trouble. If they couldn't, then there is no problem.

[luckky one]

Well, though this thread is old, I figured I'd revive to tell my latest encounter with such a potential lawsuit.

I won't go into the gory details, because the issue is settled now. The publication of the story has been discontinued (out of respect to the complaintant, though some readers disagree with this, I stand by my decision).

What must be done, is if the characters are recognizable, a communication between you, and those inspiring such a project, should take place prior to publication. Emphasising your lack of intent to slander them, or invade their privacy. Nobody likes being the subject of gossip, especially when it is untrue "fiction." Be respectful of others, and they won't have a case against you.

They might still sue, and they might be less inclined to be around you, but I find, as long as there is understanding between both parties, there is no problem, and you can remain friends. Jack Kerouac ran into the same trouble, but I suspect his alienation had more to do with his drinking habits than his writing.

[Jamesaritchie]

Change the names and the locales and you're on safe ground. Anyone can sue you for anything, real or imagined, but if you change the names and locales they won't win in court. And if you stick to the truth, you're on safe ground, anyway.

Odds are just as high you'll be sued, even if you fiction isn't based on anything or anyone. All it takes to be sued is someone thinking the story is about them. Winning such a lawsuit, however, is darned near impossible. In order to be guilty, even if you're wriitng nonfiction, you have tell a lie, and you must do so in a manner than shows you actually intended to damage the person. If the lie wasn't meant to harm, then it still isn't anything that matters in court.

There is no law that says you can't write about anything or anyone at anytime, and you never, ever need that person's permission. All you have to be is truthful, and even if you lie it must be shown that you knew it was a lie, and that the lie was intended to do harm.

If writers couldn't write the kind of story you're talking about, half the fiction out there never would have been written.

If you ever needed permission to write about anyone or anything, there would be no newspapers, few magazines, and no true crime tales at all. No one is going to give permission to have negative things written about them.

The only real charge you ever have to worry about is invasion of privacy, and again, this is almost impossible to take to court unless you break into someone's house and steal information about them, or take their mail, or tap their phone.

Invasion of privacy only takes place if you break the law. Writing about someone using information you already have, or using information you can get through interviews or public records, is not against the law, and isn't an invasion of privacy.

Fiction writers have used real people in their fiction for centuries. It sometimes gets them in hot water with those people, and with friends and family, but it isn't illegal, and usually makes for good fiction.

When you start asking permission to write about anything or anyone, you're making a compromise, and it isn't a good one.

Making it up is fine, but good fiction is always based on reality, and good writers constantly write about friends and family and anyone else they happen to know who has a story capable of producing a good short story or novel.

[eldragon]

I wrote a collection of non-fictional short stories, all based on a place I worked at for 10 years. Every single story is about people I knew.

Of course, I changed the names. I also made it impossible to really prove that I was talking about a particular person. I mean, its one thing to say someone "constantly passes gas and chews gum." It's another thing to say "Joe Brown constantly passes gas and chews doublemint gum." While some people would recognize that Joe Brown passes gas and chews gum, Joe Brown himself might not recognize it.

Something I read while doing my research, is to change things that make it a far stretch for someone to recognize themself. For instance, if your boss is a skinny, gay, balding man of sixty, make him an overweight, womanizing, long haired man in his early thirties. Or, even better yet ... call him the guy with the smallest pecker. NOBODY will stand up and say "That's me!"

Change lots of things. It's one thing for someone to say "Hey, is that Joe Brown?" And another for someone to say "Joe Brown is in Pam's book!"

Also, there has to be some libel in order for someone to win a case against you. If you said Joe has the smallest pecker, and everyone knows it .... he would have to prove that he doesn't. But what if he does have one? Do I need to have his written permission to write it down? No, I don't think so! If you had to have everyone's permission to write about them, there wouldn't be so many books published!

[jwschnarr]

Actually, it's more on the side of the writer to tell the truth than the victim of libel to prove they were wronged.

"Defamation of Character" is an ugly grey area of the criminal code and courts are notoriously biased when it comes to ruling against writers in general (and journalists in particular). What this could result in potentially is a very hefty monetary fine levied against you if you were unable to successfully prove that the guy yelling at you from across the courtroom is NOT the guy you wrote about in your book.

The best way to do this: document everything.

Better yet, leave the real life stories for the non-fiction addicts, and use the idea as a springboard for something totally new. A lot of fiction based on real life is extremely boring to read simply because you don't care about the characters as much as you would in a more dramatic setting.

Who wants to read about the mail man when they can read about the drug czar who has an unhealthy addiction to mail order catalogues and sees the mail person as a guiding angel and obsessive object of desire?

THAT'S good fiction.

B.