Using Real People in Stories

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eggs

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If this were the case, why not just get Clive's permission up front and avoid the uncertainty?

If I were to write a story about a fan-girl obsessing over Clive, I probably would seek his permission as he is something of a wild card and is entirely likely to respond in person with permission or denial. I doubt he is inundated with requests. Someone with a large and rabid fan-base, such as the aforementioned Mr Pattinson, or perhaps Mr Smith or Mr Tennant, the former Doctor Whos, seem different to me. There are literally thousands of pieces of fanfic out there where they are clearly identifiable as characters. I can only imagine they have received umpty million requests for permission to do all sorts of things with their image, to the point where they probably don't even bother to reply to the request.

Say I were to write a book called The Stalking of Mr Smith where-in the main character obsess over Mr Smith, but never actually meets him, hears from him or interacts with him in any way except via their fervid fantasies and trawling through the media for glimpses, am I actually using a real person in my story, or some kind of meta-person? I'm not really sure. I know that my 12 year old daughter could probably write this story right now, seeing as she devoted about a year of her life to doing just that!
 

cornflake

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Does this apply to "public figures" as well? With all the crap that the tabloids heap on the likes of Kim Kardashian (sp?), I find it unlikely that they have her permission.

Yes, I know, anyone can sue anyone for anything at any time, but let's stick to the realm of the reasonable. Kim is unlikely to launch a doomed lawsuit because someone mentioned her in their MS. The question is: does she have any actual hope of winning?

Tabloids are news; they don't need permission. They can't lie - that's how the Enquirer has been successfully sued - but they can talk about Kim Kardashian having a fat butt or whatever, and if they've got sources they're quoting, they do.

Heh! The idea of a fangirl devoting her life to filling the blogosphere with amorous odes to Clive really tickles my fancy. Frankly, I think Clive would be more inclined to snap up copies than to sue. In fact, we could probably get him to sponsor one. I imagine there would be multiple fantasy sequences involving Clive, the blogger and the numerous tropical fruits produced by his entrepreneurial constituants.

I think the issue of public figures making cameos, or being the object of the MC's fantasies will pop up more and more as younger writers begin to be published. They have grown up in a world saturated with celebrity culture, where writing fanfics about their celebrity obsessions is a natural step in their development as writers. It's inevitable that they will want to carry these cultural references over into their mature creative work. Perhaps the most famous example in recent pop culture is the song Actual Cannibal Shia LaBeouf. Rather than suing for the misappropriation of his name, Shia agreed to appear in a video promoting the song after it became popular on the internet. There's an interesting cultural shift underway in terms of celebrity culture and the public appropriation and manipulation of it. I have no idea where it will end up, but it is very interesting to watch it unfold.

The world has been saturated with celebrity culture, and fanfic, as long as there have been celebrities. It was arguably worse long ago, when there was less fragmentation fewer outlets, less approachability, and more management and flow toward certain, specific people.

I don't know what the song you reference is or says, but Shia LaBeouf is hardly someone I'd use as an example of the way anything is going in the real world.

David Duchovny and tons of celebrities appeared in a jokey video for a song about him too; doesn't mean he wouldn't sic a lawyer on someone who did something he disapproved of.

If I were to write a story about a fan-girl obsessing over Clive, I probably would seek his permission as he is something of a wild card and is entirely likely to respond in person with permission or denial. I doubt he is inundated with requests. Someone with a large and rabid fan-base, such as the aforementioned Mr Pattinson, or perhaps Mr Smith or Mr Tennant, the former Doctor Whos, seem different to me. There are literally thousands of pieces of fanfic out there where they are clearly identifiable as characters. I can only imagine they have received umpty million requests for permission to do all sorts of things with their image, to the point where they probably don't even bother to reply to the request.

Say I were to write a book called The Stalking of Mr Smith where-in the main character obsess over Mr Smith, but never actually meets him, hears from him or interacts with him in any way except via their fervid fantasies and trawling through the media for glimpses, am I actually using a real person in my story, or some kind of meta-person? I'm not really sure. I know that my 12 year old daughter could probably write this story right now, seeing as she devoted about a year of her life to doing just that!

People writing fanfic don't request permission from the people they're including in the stories, as the stories aren't publishable. Nor does anyone actually requesting permission ask the person involved. You wouldn't write Matt Smith; you'd write his management team.
 

caracy

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While we are on the subject of suing, companies sue over the use of brand names as well. Some publishers will not even allow you to mention products by name if you do not have permission from the company to do so. Something to keep in mind before you write about a Big Mac giving your MC a heart attack.
 

ResearchGuy

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While we are on the subject of suing, companies sue over the use of brand names as well. Some publishers will not even allow you to mention products by name if you do not have permission from the company to do so. Something to keep in mind before you write about a Big Mac giving your MC a heart attack.
Well, that would be product disparagement, not just "mentioning." Fine to say that the protagonist stopped by McDonald's for a Big Mac and fries. Not fine to say he dropped dead as a result of eating the food.

If a writer uses trademarks, he or she is supposed to capitalize them, and it is prudent to acknowledge use of trademarked names on the copyright page. (I am not a lawyer -- but this appears to be standard practice.) Some companies publish reminders in magazines for writers. Caterpillar, for example. They do not want their valuable trademarks hijacked into generic terms. And trademark MUST be defended or it is lost.

--Ken
 

caracy

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Well, that would be product disparagement, not just "mentioning." Fine to say that the protagonist stopped by McDonald's for a Big Mac and fries. Not fine to say he dropped dead as a result of eating the food.

If a writer uses trademarks, he or she is supposed to capitalize them, and it is prudent to acknowledge use of trademarked names on the copyright page. (I am not a lawyer -- but this appears to be standard practice.) Some companies publish reminders in magazines for writers. Caterpillar, for example. They do not want their valuable trademarks hijacked into generic terms. And trademark MUST be defended or it is lost.

--Ken

Regardless of how the brand is used, you will run into publishers who will not allow you to use brand names in any fashion w/o approval of the company.
 
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MRavenell

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You can be sued for anything. If the question is "can I be sued" the answer is always going to be "yes".

If the question is "can I be sued and the case go forward to court" the answer is "probably, yes". If the question is "can I be sued and prevail" the answer is "maybe, how much money do you have?"

The biggest thing to remember is not will you prevail if you are sued, but can you afford to be sued in the first place. This sort of thing can be the very definition of "Pyrrhic victory"

You do not have the right to court-appointed counsel in CIVIL cases. So you have to go out and pay your own lawyer(s), expert witnesses and investigators. . Defending yourself in a suit (even if you are on the right side of the law) can be very expensive. And recouping your costs is at the discretion of the court and generally only awarded if the judge feels the other party acted in some especially unsavory way.

You can easily be buried in motions, delays and other procedural dealings and have your funds exhausted to the point you must settle because you can't afford to continue... before you even get your first day in court. There can be arguments about venue. For example, if the case is brought against you in a New York court, but you live in Wyoming, you may have a problem.
 

Dave Williams

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If it's possible, just asking for permission would greatly simplify things. A brief description of the story and how they would be used as a character would be appropriate.

I think a majority of people would be pleased and/or amused, and the ones likely to call down the wrath of their lawyers could be identified and avoided.
 

ZachJPayne

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Personally, in my writing wiki, I have a category in my character bible wiki called "doppelgangers", who are characters who are basically real-world people, some with minor changes, others with major changes.

This allows me to create characters with connections to these people. My universe's Amanda Palmer is related to the mentor character in my novel. The love interest's aunt clerked for my universe's Sandra Day O'Connor.

If people notice the connections, then it makes the story a bit richer. And if they don't, then it's no great loss.
 
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