Real Events/People for Basis of nove?

[Chewbacca]

Ok, If I'm breaking some kind of AW rule about number of questions in different threads, please let me know - but alas, I do have another question I am seeking input ...

When writing a fiction piece, what happens when some of the characters/scenes are drawn from real people/experience/situations?

Is that OK to do? Does that make it "based on a true story"? Does it matter?

If in theory said novel actually managed to see the light of bookstores, would lawsuits follow if person event/character is based upon got completely po'ed?

Thanks....

[MJNL]

Well, I think there are multiple levels to your question.

First off, all fiction draws from real experience. Even books like Hitch-Hiker’s Guide to the Galaxy, and stories in the bazzaro genre. Because, in order for the reader to connect to the story, they need to find some nugget of human existence in the work.

Also, pulling from personal experience gives a story a more genuine feeling--the reader can sense the truth behind the fiction and connects to it. So I absolutely advocate borrowing from real life.

Now, if you mean you want to take a person from real life and exactly replicate them on paper... That complicates things, but doesn't mean you'll end up in a lawsuit. To begin with, you're assuming you can accurately capture every aspect of the individual well enough for them to recognize themself. Most people don't actually have a comprehensive sense of how others see them, and everyone sees people differently. So, chances are you won't write about them the way the see themself, or the way anyone else sees them--just the way you interpret their personality.

Also, I find that characters more often embody aspects of the author, rather than anyone the author tries to base them on (presuming the character has real depth). Our job as writers is to imagine how others think, feel, and act, but we can't escape who we are on a fundamental level.

If the entire plot is based on real people and events, then you've ventured into "based on a true story" realm. And I believe, as long as you don't use anyone's real name, and don't get super specific with exact details (that someone might be able to use as evidence) no one should be legally able to prove that you "used" them--if that's really what you want. I don't think anyone would want to sue you, though, unless it's for defamation or libel.

Hope that helps.

[William Randall]

Two questions:

1) If people found out one of your character's was based on a real person, could that person's reputation be damaged after people read the novel?

2) Would it be possible for people to identify one of your characters as a real person? Note: using a fake name doesn't always mask that a character is based on a real-life person.

If you answered Yes to both questions, you might have some issues.

But this is all speculation since I know nothing of your characters or your story. Which parts would be based on real events/people? Do you mind sharing a bit about your novel?

[William Randall]

Also, I agree with MJNL entirely. Almost every novel is based on some real experiences, usually the author's experiences but not always. It's only when you get into publishing damaging information about another person that you'd run into issues, and even then, if you say it's fiction and change the names and circumstances, there's no way of really proving it was based on anything/anyone specific.

[Chewbacca]

Originally Posted by MJNL

Now, if you mean you want to take a person from real life and exactly replicate them on paper... That complicates things, but doesn't mean you'll end up in a lawsuit. To begin with, you're assuming you can accurately capture every aspect of the individual well enough for them to recognize themself. Most people don't actually have a comprehensive sense of how others see them, and everyone sees people differently. So, chances are you won't write about them the way the see themself, or the way anyone else sees them--just the way you interpret their personality.

I would say I've very closely related the type of person, but most specifically certain events. Well, I have 3 examples of this going on in novel, one is a little more embellished, but in both scenarios if the people these (not good)experiences were drawn from read it, they would easily know it was them and recall the situations exactly. One of the situations involves drugs and certain other details that effect my MC, and the actual people involved would (not that they would ever read this type of book) recognize themselves. One of these people is an immediate family member, needless to say, I would not want this person to read this. None of these experiences were good.

So does that qualify?

Also, I find that characters more often embody aspects of the author, rather than anyone the author tries to base them on (presuming the character has real depth).

I'm not sure my writing is this "deep". These experiences I use in my novel help push my MC away from certain things and in to others, for the better, but I don't think its at deep as you've described it.

If the entire plot is based on real people and events, then you've ventured into "based on a true story" realm.

Well, about half the book is chapters are anyway, after that -pure fiction.

And I believe, as long as you don't use anyone's real name

this I certainly did not do.

[quote] don't get super specific with exact details (that someone might be able to use as evidence) no one should be legally able to prove that you "used" them--if that's really what you want. I don't think anyone would want to sue you, though, unless it's for defamation or libel.
[/QUOTE]
hmmm... I'll have to think about this more. I wouldn't say "super exact details" but as I said above the actual people would definitely recall the events I've written. Readily. Maybe this wasn't such a good idea to write.

1) If people found out one of your character's was based on a real person, could that person's reputation be damaged after people read the novel?

Well, I have 3 different scenes based on real experiences. 1 scene isn't quite as close to real life, and it just sets up the rest of the story, so I would say no. In another, assuming worst case scenario, no I don't think reputation could be damaged, but I think it would certainly tick those people off.

2) Would it be possible for people to identify one of your characters as a real person? Note: using a fake name doesn't always mask that a character is based on a real-life person.

A random reader would never know these are real-life inspired situations/characters, but the people who inspired them would.

I could also remove all the scenes, but it would severely effect the MC's situation and story set up. It would be a major rewrite, which I'm not unwilling to do if what I've written could cause problems.

I mean , what if by pure luck, an agent actually likes the story - should I tell them that some parts are based in truth on true people/events? It's the events that are the most reality based, not totally the people. The people are fairly general and average-anybody's, but those specific events are very much based off of past experiences.

Would that be something I should even address with agent? It was not my intention to write a "based on true events" book - the other half of it is all made up.

[bonitakale]

I'd write the book, and, when you get an agent, ask what the agent thinks. What you need to consider are two things: 1. The likelihood of anyone's reading the book who would recognize the events, and 2. The consequences if they do. If #1 is very low, but #2 is terrible, that's different than if #2 is not so bad. How much do you care about these people's feelings?

Clarence Day wrote all those little vignettes about his parents, and they would read them and sometimes re-fight the battles depicted! "See, that's just how you acted!" each would say to the other, still convinced of being right.

As for making sure your friends and family don't read the book, the only way I can think of is to nag them to read it.

[Chewbacca]

Originally Posted by bonitakale

As for making sure your friends and family don't read the book, the only way I can think of is to nag them to read it.

hahahahahahaaaa that will definitely keep my husband from reading it! Fortunately, it's about nothing either of my parents would be interested in. My mom is not a reader, and it's not about politics, so my Dad would never tune in

The likelihood of the people who would recognize the events reading it I would say would be 0%. But I have to assume there is a possibility, don't I? It's not a book any of them (if they read) would be interested in anyway.

The consequences if they would? I don't know - that's what I'm trying to figure out.

[dangerousbill]

Originally Posted by Chewbacca

...If in theory said novel actually managed to see the light of bookstores, would lawsuits follow if person event/character is based upon got completely po'ed?

If the individual is a private person and not a public figure or celebrity, you can't invade their privacy without risking a lawsuit. Even public figures are protected from truly scandalous and fabricated stories, should they choose to pursue the matter.

It's always possible to fuzz a person so their own mother wouldn't recognize them, but still retain the relevant parts for your story. Change their name, their appearance, even their gender, but also change the facts enough that none of their acquaintances could recognize either the person or the event.

In the US, truth is a defense, but not a perfect one, and a lawsuit is going to cost a lot of money even if you win. In the UK, the libel system is severely biased toward the plaintiff, so much so that the American gov't had to pass a law to prevent the collection of libel damages awarded by UK juries.
http://en.wikipedia.org/wiki/Libel_tourism

(Regardless, your friends will always try to find themselves in your stories, no matter what you do.)

[dangerousbill]

One of the situations involves drugs and certain other details that effect my MC, and the actual people involved would (not that they would ever read this type of book) recognize themselves.

You're playing with fire. Not just legal, but family anger and personal nastiness.

I'd junk the project unless I could make the character completely unrecognizable. Why not use the experiences with drugs as background material for another story?

The test for invasion of privacy is (approximately) 'would acquaintances of the person recognize him and hold him to ridicule if the material were made public.' This sounds like one of those times.

[MJNL]

It sounds to me like these events deeply affected you personally. Even if you re-write sections afterwards, I suggest writing it all the way through as you originally intended. It might be therapeutic, and allow you to personally deal with the situations more fully than you have before. Then, afterwards, if you want to seek publication, you could alter it to avoid any sticky situations.

[Chewbacca]

Originally Posted by dangerousbill

You're playing with fire. Not just legal, but family anger and personal nastiness.

I'd junk the project unless I could make the character completely unrecognizable.

Thanks for the input. I'm not sure how personally nasty I view the project I've been working on, though. The MC has her life changed by certain experiences I've created about fictional characters in a fictional world - with basis drawn from past experiences (that did not change my life, or effect me personally)....

but... I do agree with the playing with fire. I believe the scenarios the way I've written set up the story and push my MC to make the choices she does, and thus I think they are important... but I also think it could be rewritten without them, too... so it will just take some time to ditch those particular events and create new ones to push my MC.

Thanks!!

[Haphazard]

Read Black Water by Joyce Carol Oates and see how it's done.

[eyeblink]

Originally Posted by Haphazard

Read Black Water by Joyce Carol Oates and see how it's done.

Or indeed her novel Blonde.

[Lil]

It's not simply a question of legality. More importantly, it's a question of ethics.

Suppose one of your characters—and the situation—is sufficiently close to a reality that someone who knows both of you could say, "Gee, I never knew that Harry did THAT!" In that case, you have a problem. Harry may not be able to sue, or may not want to sue and give your characterization further publicity, but you have put Harry in a situation where he cannot fight back. Maybe Harry deserves everything you have done to him, but maybe there are extenuating circumstances you know nothing about.

If you want to smear Hitler or Stalin, no problem. If you are tempted to smear a private individual, don't do it.

[dangerousbill]

Originally Posted by Chewbacca

The MC has her life changed by certain experiences I've created about fictional characters in a fictional world - with basis drawn from past experiences (that did not change my life, or effect me personally)....

Scenario: Book is published and sales are significant.

Someone, somewhere goes on a forum or blog and voices the amazing similarity between your MC and RealPerson. Exchange of comments reveals experiences with drugs.

RealPerson applies for job or security clearance at some time in the future. Prospective employer Googles RealPerson and comes up with drug connection. (many or most present and prospective employers will Google you these days).

RealPerson turned down for job in favor of another applicant with no spooky information (confirmed or un) in his/er record.

It happens.

[IceCreamEmpress]

If the people involved would recognize themselves in your characters, you need to change your characters more. Joyce Carol Oates can write about Marilyn Monroe and Joe Klein can write about Bill Clinton because they're public figures; private figures have more protection than that.

It's part of the work of writing. If you're inspired by events that happened to an elderly Italian-American woman in Chicago, write about similar events happening to a young Mexican-American man in Phoenix. Or whatever. If you keep the situations, change the characters; if you keep the characters, change the situations. The goal is for people to not be identifiable unless they are public figures.

[eyeblink]

An example is David Peace's novel The Damned United, filmed in 2009, about Brian Clough's management of Leeds United (UK football team) in 1974. It's written as a stream of consciousness from Clough's POV.

Clough's family don't like the book but as Clough is dead, there's nothing they can do apart from voicing their displeasure. One footballer who appears as a character, Johnny Giles, is still alive and did sue, with the result that minor changes were made to the novel's text.

For another unfortunate example what can go wrong if you're not careful, see Jake Arnott's novel Johnny Come Home.

[gothicangel]

Originally Posted by MJNL

Well, I think there are multiple levels to your question.

I hate phrases like this. It just like 'it works on so many levels . . .'

[PinkAmy]

Originally Posted by Chewbacca

If in theory said novel actually managed to see the light of bookstores, would lawsuits follow if person event/character is based upon got completely po'ed?

Thanks....

I researched this before deciding to write my memoir. I was torn between fiction and memoir. People have been sued and have had to pay money for basing characters on real people. I wish I could find the article, try googling it. There were at least 3 cases, all won by the plaintiff and the monetary amounts varied.

[rainsmom]

When I was 12 I and a friend from school were teased by some boys. I shot one in the stomach with a BB gun. (I am not proud of this.)

It's a good, angsty story to use in a novel. But if I used the event, I would change up the characters COMPLETELY. I would become a boy, and I would be by myself walking through a city neighborhood. I would be accosted by a nosy neighborhood lady.

The action would be the same. The kid's denial of responsibility and all repercussions would be the same. Anyone who knew this story about me would be able to say, "That's based on a true story." But no one involved could in ANY way say that they are in my book or that I smeared them.

On the other hand, if I wanted to base a character on that bully from my childhood days, I could change the SITUATION (and names) completely. Chances are pretty good he wouldn't recognize himself, because the context is different.

[RJK]

If the occurrence will be recognized by the people close to you, changing the characters will not be enough. You will need to change the "How" as well as the "What" and "When." If the situation involved the use of illicit drugs, change it to illicit sex, or vice-versa.