I want to use a fictitious radio interview between a real host and a real scientific pioneer as an interlude in a story.
Anyone know the dos and don'ts on this?
Posted by Kathleen Dalton Woodbury (Member # 59) on :
Public figures are easier to use this way than private individuals, partly because they are public and it goes with the territory. It's also easier to use dead public figures than it is live one, but the main concern is your intent in using the person.
As long as you aren't libelous, you are probably safe. It would help to include some kind of disclaimer along the lines of "while some characters in this story are not fictional, their interaction was created for the purpose of the story and is entirely fictional."
Posted by debhoag (Member # 5493) on :
that is my thought - use dead celebrity people and use a disclaimer. I would think that you should be able to google celebrities in fiction or something similar and get a hit that would explain if for you.
Posted by franc li (Member # 3850) on :
Dead celebrity fiction could be it's own genre, I think. In the world of literary fiction, the lines are much more blurred. It is considered nearly a virtue to break confidences in the service of art.
Posted by Matt Lust (Member # 3031) on :
Its really more of a writing device I've turned to make the science of my science fiction not come across as info dumping.
In my previous F&F story one character told the other about a technology while the other pestered him with questions.
In this story the implications of the science are much bigger than my characters and their own limited skill sets (I don't write SF with scientists as characters) Thus I wanted to use talk radio as an interlude to introduce the science and the ethical issues surrounding one particular use of the science.
But instead of real names I've decided to turn to a first consonant switching. This preserves the artistic modification clause and doesn't violate laws that prohibits the use of a person's likeness/name to sell a product.
So my interlude features Ben Gleck and Dr. V. Jenter.
[This message has been edited by Matt Lust (edited July 07, 2007).]
Posted by HuntGod (Member # 2259) on :
Unless the use of real people is essential I would use fictional analogs.
Using depictions of real people opens you up to libel as well as possible suit claiming that you are capitilizing on there fame or notoriety for the purpose of selling your story, etc. etc.
Switching the names is probably best and Im sure Dr. Ventner and Mr. Beck won't notice :-)
Posted by Robert Nowall (Member # 2764) on :
I think the do's and dont's of it would involve whether said people were alive or dead. In the United States, you can't libel a dead person---in other countries, their estates can sue you.
Sidenote: being a public figure is a tricky paradox. I remember a case of a guy falsely accused in the media of a bombing (the Atlanta Olympics bombing, actually), who sued several media outlets for libel. One part of their claim was that he couldn't sue because he was a public figure, and he was a public figure because he was written and talked about in the media!
Posted by Rick Norwood (Member # 5604) on :
An exception to the rule. Some famous people are trademarked. Einstein, for example, is trademarked. Trademarks come under a different law than copyrights, and you cannot use Einstein as a major character in your fiction unless you pay his estate for the rights. (See, for example, the trademark notices on the use of Einstein in the film AI.)
Posted by sakubun (Member # 5719) on :
I use real people all the time, but never in context.
If I have a character who is a boss, I might use all or parts of one or more previous bosses I've had. I usually pick some friend and use parts of his/her personality. I don't think that is bad.
I would never have a character that was someone's aunt and then use characteristics of one of my aunts though.