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YouWriteOn Message Board > Literary Forums > Professional Writing Tips and Techniques - New Help Search Recent Posts
fiction about real people
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ikeeptime
 31 Oct 2007, 22:39 #22894 Reply To Post
I need advice with a dilema. I am on the last chapter of a novel that features a still- living figure from the 1960's in America. I have fictionalized his father's carrer extensively and other details and so have delayed uploading to YWO. I do plan to contact this famous American's family for permission but wondering if it is permissible to put up a chapter or two on ywo before I do. Anyone with similar experience?? Your help greatly appreciated. Thanks from Maine. Jim
Timber Beast
 31 Oct 2007, 22:56 #22895 Reply To Post
Quote: ikeeptime, Wednesday, 31 Oct 2007 22:39
I need advice with a dilema. I am on the last chapter of a novel that features a still- living figure from the 1960's in America. I have fictionalized his father's carrer extensively and other details and so have delayed uploading to YWO. I do plan to contact this famous American's family for permission but wondering if it is permissible to put up a chapter or two on ywo before I do. Anyone with similar experience?? Your help greatly appreciated. Thanks from Maine. Jim
Great question. I am not a copyright lawyer. Technically, putting anything up where others can read it is publishing. Putting it here is one step up from printing copies or emailing it to friends.

Is it fiction? Do you have to name the person?
Best,
Norm
Forestry combines art and science, grapples with the ecological riddles of our time, but it's also a job. That's what I write about.

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eileenmac
 01 Nov 2007, 19:33 #22960 Reply To Post
Quote: ikeeptime, Wednesday, 31 Oct 2007 22:39
I need advice with a dilema. I am on the last chapter of a novel that features a still- living figure from the 1960's in America. I have fictionalized his father's carrer extensively and other details and so have delayed uploading to YWO. I do plan to contact this famous American's family for permission but wondering if it is permissible to put up a chapter or two on ywo before I do. Anyone with similar experience?? Your help greatly appreciated. Thanks from Maine. Jim



I suppose it depends on what you have written about this person. If it's defamatory, then you'd be well advised not to put it on here. I believe there are some pretty strong laws about libel so maybe it would be best to hold on, at least until you have written permission from the family.

Eileen
Timber Beast
 02 Nov 2007, 02:17 #22973 Reply To Post
Quote: eileenmac, Thursday, 1 Nov 2007 19:33
I suppose it depends on what you have written about this person. If it's defamatory, then you'd be well advised not to put it on here. I believe there are some pretty strong laws about libel so maybe it would be best to hold on, at least until you have written permission from the family.
There would probably little problem if the main character saw the famous person and got an autograph. There probably would be a problem if the main character asked for an autograph and the famous person spit in the character's face and then punched him.

Best,
Norm
Forestry combines art and science, grapples with the ecological riddles of our time, but it's also a job. That's what I write about.

Timberati
To everything blog, blog, blog
KRobb
 02 Nov 2007, 08:51 #22979 Reply To Post
You do need to tread carefully. If you are saying anything libelous, ie malicious or untrue, then you can expect to get sued. If you are portraying the person as a hero and telling only the known truth then I can't really see the problem (but with the caveat Norm uses above that I'm no lawyer so my advice may well be worthless).

It would probably be worth an 'Author's note' up front to state that you have fictionalised aspects of the story to avoid getting loads of comments that you've got things wrong.

Otherwise, avoid the problem all together, make it a fully fictional character inspired by the real person but with enough changes to be sure that you're not suggesting it's the actual person at all. Then you'll probably just get accused of being derivative or something instead!

Perhaps what I'm saying is, you can't win.
Sorry
K
ghost
 07 Nov 2007, 14:35 #23248 Reply To Post
While reading this I kept thinking about Philip Roth's the Plot Against America.

This quote was taken from Wiki.
Writer Bill Kauffman calls the book "a repellent novel, bigoted and libelous of the dead, dripping with hatred of rural America, of Catholics, of any Middle American who has ever dared stand against the war machine."

Wow, some guy named Bob Wallace has an entire page devoted to how evil Philip Roth is.

I don't know if any of you have read it but some of the characters are still alive today (or at least their families are).

I don't know the laws here but I'm very curious to find out. Keep us updated.
visinker
 07 Nov 2007, 14:42 #23252 Reply To Post
Quote:
libelous of the dead,


You can't libel the dead, I don't think.

And if you think of all the political cartoons, tv sketches etc., lampooning famous people, I wonder just what constitutes libel.


Barbara Scott-Emmett

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ghost
 07 Nov 2007, 14:57 #23256 Reply To Post
Quote: visinker, Wednesday, 7 Nov 2007 14:42
Quote:
libelous of the dead,


You can't libel the dead, I don't think.




I'm pretty sure the family can sue.
Anna Hunt
 07 Nov 2007, 18:22 #23262 Reply To Post
Quote: ghost, Wednesday, 7 Nov 2007 14:57
Quote: visinker, Wednesday, 7 Nov 2007 14:42
Quote:
libelous of the dead,


You can't libel the dead, I don't think.




I'm pretty sure the family can sue.


Yes, that is so. Also the suing would make a good plot. I shall be writing that in 2015 when I've finished the revisions of my current saga.

leighvtwersky
 07 Nov 2007, 22:28 #23271 Reply To Post
i would definitely get legal advice. even if you want to write the most wonderful things about this person you will be hoping to get this book published and make money from that. from that point of view i would imagine you would need some sort of permission.

however i'm just saying what's coming into my head as i read these messages and this may be nonsense. i'm not a lawyer and know very little about the law so i'm just trying to imagine what possible scenarios there would be.

the advice other people have given you to change the name and disguise the identity of your character (at least for the purposes of getting YWO feedback) seems very sound.

good luck with your venture.
regards
leigh
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