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Joined: Oct 2005
Posts: 2,966
Koala
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OP
Koala
Joined: Oct 2005
Posts: 2,966 |
A while back I wrote about using real life as inspiration for your fiction, and I briefly mentioned taking due caution to avoid referencing real people because of the dangers of being sued for libel. Here's an example of a libel case that has just been ruled on against the writer. Mathieu Lindon, his publisher, and a newspaper editor (who printed the passages in question) were fined for defaming members of France's National Front party. Lindon wrote The Trial of Jean-Marie Le Pen to speak out against race murders that occured in France.
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Joined: Oct 2007
Posts: 359
Shark
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Shark
Joined: Oct 2007
Posts: 359 |
What if one gives a disclaimer in the book?
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Joined: Oct 2005
Posts: 2,966
Koala
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OP
Koala
Joined: Oct 2005
Posts: 2,966 |
Do you mean the type that says something like "This is a work of fiction. Any resemblance to any person living or dead is unintentional and co-incidental."? It would have to be true If you really did use Uncle Joe as inspiration for a character in your book and he recognised himself and thought you portrayed him badly, it could be much easier for him to prove that you damaged his reputation, than it would be for you to prove either that what you wrote was the truth, or that you did not base your character on him.
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Joined: Oct 2007
Posts: 359
Shark
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Shark
Joined: Oct 2007
Posts: 359 |
Yes. Something like that.
Once you write the word co-incidental it should be safe?
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Joined: Oct 2005
Posts: 2,966
Koala
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OP
Koala
Joined: Oct 2005
Posts: 2,966 |
No, not at all. What I meant by "it would have to be true" is that you would have to practically pass a lie detector to be really safe.
You won't be covered if someone can prove that you used them and caused them even anxiety or something like that. It is so risky.
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Joined: Oct 2007
Posts: 359
Shark
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Shark
Joined: Oct 2007
Posts: 359 |
So, this disclaimer has no value?
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Joined: Sep 2005
Posts: 7,189
BellaOnline Editor Chimpanzee
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BellaOnline Editor Chimpanzee
Joined: Sep 2005
Posts: 7,189 |
The disclaimer only has as much value as the amount of truth it represents.
All authors base characters on people they have met or know, unconciously if nothing else. We notice a tic or a personality trait that is interesting, it sticks in our head, then it comes out as a character - usually blended in with characteristics of other people. This type of character or even plot, is what that disclaimer covers - the unintentional similarity between a completely fictional character we create and someone we've kind of noticed in our path.
But if we conciously take a "fictional" character, conciously base him on someone we know - then the disclaimer is no longer true. It was not an unintentional or co-incidental similarity, we did it quite intentionally, and the disclaimer holds no value. Esepcially if the person suing can prove that the character is based on him/her.
Last edited by BellaHarmony; 10/23/07 09:10 AM.
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Joined: Oct 2005
Posts: 2,966
Koala
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OP
Koala
Joined: Oct 2005
Posts: 2,966 |
Yes exactly.
Those disclaimers are particularly to clarify whether a story is based on a real life incident/person or whether it is fiction. Someone might watch a movie, for example, and come away thinking "that was so realistic - was it based on a true story?" Then the disclaimer provides the answer to that - no, it was fiction, or yes, it was based on X.
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Joined: Dec 2005
Posts: 5,582
BellaOnline Editor Wolf
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BellaOnline Editor Wolf
Joined: Dec 2005
Posts: 5,582 |
If you use something or someone real in your book or story, the best thing to do is ask if you can use the person, business, or other brand name and then have them sign something like a contract or something and keep in mind, the brand or person may also want to be compensated for their use as well.
You are better off, especially in a work of fiction, to completely make places and people up from your own imagination.
Also, be sure to thank them in your book as well.
Last edited by WrestlingEditorVance; 10/25/07 12:15 PM.
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Posts: 7
Newbie
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Newbie
Joined: Oct 2005
Posts: 7 |
Hi everyone! I'm new to the forum. This topic is so timely for me. I am half way through a novel based on an incident that took place in the Delta here in Botswana. I've mostly based it on the rumours that have sprung up around this incident. It involves a woman whose son is killed by wild animals, hyenas. It happened. I have changed all names, I've researched the case and changed the woman's career, where she lives etc (though not the country). Do you think I'm still in trouble? What if I change the animal to lions- though I like hyenas and have become a bit of an expert? Or maybe instead of the woman being American she's something else foreign? When is different different?
I find this topic a bit blurry. I often write stories inspired by what I read in the newspaper.
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