A somewhat recent thread here about public figures and their use in YA stories got me curious...

Nogetsune · Jul 25, 2017

As the title says. Recently, there was a thread on here about the topic of using public figures, even if not by name, in your work. The general concencesus was "don't, because you could get sued for slander/defamation of character/it's murky legally" but this was largely because the OP was specifically asking about using a public figure in a way that makes fun of them/portrays them in a negative light. This got me wondering....what, if any, legal hang-ups are there about using public figures in a positive way in your stories? If your portraying them in a largely positive light, I don't think slander/character defamation is as much an issue as it is if your making fun of them, so I'm wondering what other issues could come of this? I'm speaking about things like, say, your protagonist being mentored by a public figure, who is in turn portrayed in a largely positive light as a result...or hell, having a public figure be a heroic side character who while not a focus of the story, none the less proves a force for good and helps fight the good fight against the villains?

While I'm still almost positive this is still a big "no"...even if you don't call the public figure by name, I would like to know why it's a big no, and what issues could arise out of such things...for no other reason than sheer curiosity.

Anna Iguana · Jul 25, 2017

Part of the risk, I'd think, is that "positive" is in the eye of beholders. I've never heard of a book (or a book's characters) that is universally, unconditionally loved.

Paula Davids · Jul 27, 2017

I think there are different kinds of public character.
Constitutional royalty are fair game for sycophantic, jingoistic mention, as are prominent politicians in liberal democracies. But the way it’s usually done is to disguise the reference (though, you would expect them to pay you for a good bit of brown-nosing). Business people are far more private, so you would need to be more cautious. Poor-old Christian leaders are sitting ducks (almost no-one says anything good about them anyway) but the Ayatollahs are a no-go, really (for a mix of reasons). You can present Eastern European oligarchs as rough-trade with hearts of gold. Hey, you can even show that Hannibal Lecter is a man of integrity and good heart… somewhere, very deep down. (But he’s fictional isn’t he. Or is he Alfredo Ballí Treviño – Harris’ inspiration, in disguise?)

Anna Iguana · Jul 27, 2017

I gather there are several standards (for what can be written) in play.

There's what the law allows (more permissive, in jurisdictions where satire and free speech are protected).

There's what publishers want to assume as legal risk (less permissive, because lawsuits with little merit, which some celebs are known to file, are still expensive).

Cyia · Jul 27, 2017

Living figures can be defamed / slandered. Deceased individuals cannot.

A character can go reach through time and have a Thelma & Louise style adventure with Marie Antoinette and Marilyn Monroe, not so much with a current queen or pop-star.

Your book *can* mention someone famous. Your character can bump into them, tell an anecdote about being on the same plane as them, go to a movie starring them, etc. Your inciting incident can be a chance encounter that sets an unusual day in motion. You just can't use that person as a character in your book.

A recent example would be the book the CGI-cartoon "Home" was based on. The alien in the movie is called "Oh," because all of the other aliens let out an annoyed sigh when he comes around. However, in the book, his name was J-Lo.

However, some names / figures are trademarked, muddying the waters.

Melody · Jul 29, 2017

In my upcoming current day novel, I elude to real people, but I chose not to use the real versions. My MC watches a show called 'Shaniquah' where there is a visit from 'Dr. Jill'. When I was in the draft stage a few years back, the real 'Shaniquah' had a TV show. Now, she does not. My gut told me not to use the real version in case something like that happened. Since this book isn't coming to print until September 2017, I am glad I followed my gut or my book would have been dated and contained misinformation. That's why I chose not to use the 'real' versions.

frimble3 · Aug 1, 2017

I think you're crossing a line when you go from using the public figure as set-dressing, and start putting words in their mouth.

Nerdilydone · Aug 1, 2017

I don't know...I think it's really a matter of intention. The reader can tell if you're being passive-aggressive or just having fun. It makes me think of the movie UHF, wherein Weird Al has his own TV station. One of the shows on his station is "Gandhi II", where Gandhi is a meat-eating, violent crime fighter. It's all done pretty tongue-in-cheek, so it's not really offensive. Heck, there's even a song where someone sings about punching Russell Crowe at a bar (apparently a true story) and it's surprisingly respectful.

Basically, if you're communicating respect and love for the person in your story, I think you're okay.

A somewhat recent thread here about public figures and their use in YA stories got me curious...

Nogetsune

Anna Iguana

reading all the things

Paula Davids

Anna Iguana

reading all the things

Cyia

Rewriting My Destiny

Melody

Writer of MG, YA and Adult

frimble3

Heckuva good sport

Nerdilydone