Putting famous (living) people in fiction

[mr ploppy]

What are the rules on this? Would you need to ask their permission, and if they refuse but you use them anyway, is there anything they can do about it?

The only thing I could find was the Girls Aloud torture porn, but he was prosecuted (and cleared) on archaic obscenity charges.

[Worldwalker]

I think (IAsoNAL) it depends on who the famous people are and what their role in the story is.

For example, if a character goes to a famous singer's concert, or spots a famous actor in a Hollywood restaurant, they're basically being used as part of the scenery, and I can't see that being an issue. If they ask the character out on a date, that could be a problem; I wouldn't risk it. If the date turns into a kinky sex scene, that's probably going to catch you a lawsuit.

Basically, as long as they're not an active part of the story -- either an "extra", as it were, or doing something that's a part of their normal routine, such as a singer performing, an actor signing autographs, a politician shaking hands with voters, etc. -- you're really just using them as background material. Once you start having them express opinions that might differ from their own, do things that they might not do, etc., then you're walking into a legal minefield.

[mr ploppy]

One of them is just going to be a cameo walk on, selling records out of a plastic carrier bag, then getting on a stage to sing. It's meant as a knowing wink to people who know who he is, because the characters in the story have no idea who he is until he gets on the stage. I don't see any problem in getting permission from him, and trying to sell people records from a carrier bag is something he is quite famous for.

The other has a more important role, because he instigates a fight that ends up inolving some of the characters, and a lot of the plot hinges around events that take place as a direct result of that fight. That one I might struggle with, so far I haven't found any contact details for him.

[Greenkeeper]

For what you describe I would seek permission. As Worldwalker said it's one thing to have real life people in the background, but what you describe goes a step further. The last thing you want is their lawyers coming for you with a cease and desist, or worse, a share of the profits.

[neilmarr]

If you or your editor aren't ABSOLUTELY clear on libel laws, you should seek professional legal advice before release (and you probably aren't aware that even defaming folks in emails and draft ms attachments is grounds for litigation -- emails are considered 'broadcasts' and sometimes 'publication'). Careful where you step, Mr Ploppy. After forty-five years of avoiding problems on an almost daily basis and keeping up with the laws of libel all the way, I can tell you that everywhere you step, the land is mined. Good luck. Neil

PS: A wise newspaper lawyer gave me the best advice ever when I was still a cub reporter and wet behind the ears: If in doubt ... leave it out. N

[Iphinome]

Maybe you could change the name and call it parody?

[DrZoidberg]

Libel laws vary a bit around the world. But the general theme is this. If a person can prove that your book in some measurable way impacted their mental health or economy then you can be held liable. The number of people who buy your book is a factor. If it's not a block buster you hardly need to worry. The fines for this are always low anyway. Unless you reveal some deep dark secret about this person that severely damage this persons life.

Assuming you made it up, as soon as anybody is famous, its super easy to claim that the damage they suffered came from another source than you. The onus is on them to prove it can be pinned on you.

Even if you do get sued, you have little to fear. But it is always a risk.

Nigel, I do believe newspapers have another type of circulation and therefore need to worry about this in a way novel writers don't.

[Roger Parkinson]

Not something I would attempt, but if you must do it, could you avoid naming the person? A few hints that a reader can congratulate themselves for spotting might be more interesting than a straight out name. Not sure that would get you off a libel charge though.

[mr ploppy]

Where you talk about libel laws, is this just in relation to the one that started a fight or would there be a case for the person selling records as well? If it's just the fight, there is someone else I could use that has stated in his autobiography that he used to get into a lot of fights when he was younger.

I'll be asking permission from both of them anyway, but just in case I can't contact them. If for some reason they do say no, I'll probably need to rethink those parts.

In On the Road, Kerouac used different names for the people who were in it, but in my copy it says what their real names are. Was that added later?

[mr ploppy]

Also, would you need permission to have characters sing a few snippets of a song, including if they get the words a bit wrong? A bit like (but not) "My ears are alight" as part of the Boney M song?

[neilmarr]

You're into international copyright law now, Mr Ploppy. Another minefield. There are differing opinions on what might be considered 'fair usage'. Often, you can lift a line or two or get copyright permission free (in return for a full copyright credit) from the holder. But I, for instance, just paid a great deal to the Wiley Agency for permission to use a full verse from Borges' poetry as a section lead on a novel I had in edit. Watch your step. Something to remember is that, as has been mentioned, libel and copyright laws differ from country to country. BUT your book (PoD or ebook) is likely to be produced in a single international edition and available for sale here there and everywhere. Therefore, you're also open to litigation everywhere. If in doubt ... leave it out. Cheers. Neil

[mr ploppy]

Well damn, this gets worse and worse. What about brand names/trademarks? Could I have someone wearing Dr Martens and drinking cans of Special Brew?

[Roger Parkinson]

Brand names are fine (as long as you don't libel them). The owners of the brand pay good money for advertising so they don't mind you using them. They do mind if you show them in a bad light.

As NeilMar says, song lyrics are a copyright issue. This is someone's creative work whose purpose is to make them money, same with poetry, same with other people's writing. You get a 'fair use' right to reproduce some portion of a work (in some countries) but when it comes to a song that means about none of it. And music publishers can and do charge big $$ for such use, and sometimes they allow you to do it for free. But you do need to get permission. Mangling the lyrics might work, but I wouldn't try it myself.

Bear in mind you are making use of someone else's creative work here. So you need them to be happy that you're doing it. You'd want the same treatment if it were the other way around.

[carld]

It's been done, but I've no idea what the legal ramifications might be. I picked up Sarah Palin Vampire Hunter from Smashwords a few days ago. I'm sure the author didn't get any authorization from Palin's lawyers for that.

[Redfox]

I'd hardly use Smashwords as an example - as I understand it, there's no "gatekeeper" as there would be at a publishing house. The writer of that book is on his/her own if the legal eagles find out!

I would suggest writing the story and giving the "famous" character a made-up name, then if you do get to the point of discussing sales with an agent or editor, that's the time to raise the issue. Just don't publish it without professional legal advice of some kind, as Neil says.

Also consider how vital it is to the story for the character to be a real person. Is it really essential? Is there honestly no-one else that could take the role? Fiction is full of invented celebrities, for good reason...

(I have an advantage here - no-one's going to sue over people who died four hundred years ago. And technically you can't libel the dead anyway.)