Basing a story on real life events

If you're writing fiction, you should probably change the names of people involved so you don't get sued for defamation and maybe the names of the places just to be safe.

Auteur said:

If you're writing fiction, you should probably change the names of people involved so you don't get sued for defamation and maybe the names of the places just to be safe.

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+1 to that.

Changing names will not protect you from a lawsuit.

cornflake said:

Changing names will not protect you from a lawsuit.

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True. Better to blend characters and alter speech patterns. Move the dates and change locations too. You can do all that and tell the same story. Nothing can keep people from suing you for defamation (or whatever) but you can defend yourself by not making it obvious who in real life you are writing about in fiction.

g_eke said:

Thanks for the replies. What if the events in the story can still be obviously traced back to particular individuals though, will that lead to potential litigation? As a really crude example, I might write about a man with a debilitating disease who is wheelchair bound. This man defies the odds and becomes a nobel prize winning astrophysicist. Anyone as high profile as Hawking would be instantly recognizable, but what about someone less well known but who nevertheless is associated with very specific actions and events?

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a) Don't do it.
b) If you disregard a), talk to an attorney and follow their instructions.
c) Don't do it.

If it's about a specific person you were inspired by, have you tried just getting their permission to write a story about them?

JEChillemi said:

If it's about a specific person you were inspired by, have you tried just getting their permission to write a story about them?

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See this from lizmonster:

lizmonster said:

talk to an attorney and follow their instructions.

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IANAL nor do I play one on TV but "consult an attorney" is always, always great advice in situations like this; you'd get advice from a qualified professional who'd be able to help in case things got stickier than anticipated, and your subject's best interests would be protected, as well.

g_eke said:

I really want to do this, and hope if I change specific details enough then I can sidestep any lawsuits. Thing is, how to tell what is enough?

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Again, changing details will NOT protect you from lawsuits. If people can recognize themselves, they can sue you. If people THINK they recognize themselves, they can sue you.

Remember, even if you think you'd be likely to win a lawsuit, that doesn't change that you'd have to fight it first.

cornflake said:

Remember, even if you think you'd be likely to win a lawsuit, that doesn't change that you'd have to fight it first.

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This. Lawsuits are expensive even if you win.

g_eke said:

Are there any obvious or not-so-obvious risks one needs to be aware of when writing a story that is heavily influenced by true life events involving other people? I came across a piece of news from a few years back that was tragic, but certain elements I felt would make for a very gripping story, if told the right way.

Thanks writers!

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Not sure how it works in the UK but there seems to be a lot of fiction in nonfiction in the US. Right now there is something called "creative non-fiction" which is taking stories based on truth and making them more readable. For example if you're writing a story about your childhood and you were bullied by four different kids, in the story you might make it into one bully who did all of the same things the four kids did. It gets combined because it's shorter and easier to follow. That kinda stuff. I don't know the legal side of it but if you were to get a book published in the US by a major publisher they have so many gatekeepers that they will not publish it until they know they are protected. It might mean several rewrites. If you are self publishing then I would speak to an attorney about what you need to do. In the US if someone is a public figure and you are writing about them then you are usually safe as long as what you're writing is true. Make sure that it's correct. Even then, though, I would talk to an attorney.

RookieWriter said:

In the US if someone is a public figure and you are writing about them then you are usually safe as long as what you're writing is true.

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Not necessarily. Anybody can sue anybody else for any reason in the US. It could be a true story the subject doesn't want aired publicly because whatever; it's not worth it.

Even then, though, I would talk to an attorney.

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Always this.