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 This is a continuation of my blogging here at WdC |
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This will be a blog for my writing, maybe with (too much) personal thrown in. I am hoping it will be a little more interactive, with me answering questions, helping out and whatnot. If it falls this year (2024), then I may stop the whole blogging thing, but that's all a "wait and see" scenario. An index of topics can be found here: "Writing Blog No.2 Index"  Feel free to comment and interact. |
| Using Real People In Fiction Pt 2 The first time I brought this up is here: "20240526 Using Real People In Fiction" .So, didn’t I cover everything there? As it turns out… no. What if you use your friends or family in a book, including their proper names, and you do NOT have their written permission (written is very important in a court of law)? You might think you’re doing the right thing including them, or that it is essentially harmless, but, then you decide to put the work into the public sphere, publishing it (in any form) and you discover… 1) They might not like their portrayal. Even if you, the writer, think you are portraying them in a sensitive light, they still might not like it. They might think they are too passive, they might think the relationship isn’t what they would like, they might even think they wouldn’t act that way or say those things. Technically, it is not enough for libel/defamation (and it has been tested) because they are not being portrayed in a negative light, but it can be a problem. 2) They simply don’t want to be in a book. Unless you are writing a family history and their details are a matter of public record, a person is perfectly within their rights to say they do not want to be in a book or story. Especially if they put it in writing that they do not wish a character based on them to be in a story before the story is publicly or semi-publicly published {i]in any form, then you might have an issue. It could be for privacy or they just don’t see the point, but their wishes need to be considered. 3) Your relationship with the person changes. You’ve put a person into a story in a very heroic sense, but then you have a falling out, so this becomes reflected in your writing… and that can be a problem. It is not, again, generally something a court can help with, but that person is within their right, especially before a story is publicly or semi-publicly published to give a written cease and desist which you must obey. Oh, and a person can decide at any time they do not like the portrayal, by the way. Literally, any time before public or semi-public publication. So… is there a way around this? Yes, and it is very simple: DO NOT USE THE FULL REAL NAMES OF REAL PEOPLE FROM YOUR PERSONAL CIRCLE IN A BOOK! Base the characters on them. Make them look similar. Have them act in similar ways. But if Jane Doe thinks Mary Sue is based on her, she will have to prove it, and that is not easy. However, if Kylie Baggins thinks Kylie Baggins in your book is the same, then you’re in trouble. The grey area is if Jeannie Hart thinks Jeannie Smythe is the same. First names are common; the portrayal is going to have to be blatant. Yes, as a beginner writer, it makes it easy for your characters to be people you know; my discussion on my early novels shows that I did this ("20250321 Novels #1 & #2" ). But I changed the names!Anyway, I went through this with Sins Of The Father in 2020. A former friend named Troy felt a character in the book named Troy (different last name) was based on him. But his lawyer said that he would have to admit to abusing his kids and being an out of control alcoholic, as the Troy in the story was portrayed, to a court. He couldn’t do that, so he let it slide. This brings me to my second point – make changes! Except if writing your autobiography (which is a different kettle of fish altogether), do NOT use a person whole-cloth. Change them! This might seem logical, bit there are people I know who are being forced to rewrite whole books they wish to publish because a daughter doesn’t want her kids in a book, or a partner left them. Don’t let it happen in the first place – don’t use people you know blatantly in a story you plan on publishing in any format. |
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