posted
I've started writing a story aimed at an anthology that is turning out to be quite funny (and fun to write!). It's a contemporary fantasy, and in it, I have a few characters who a discerning reader will realize are based on real people. The reason for this is that in this world, those who do "magic" in their professions in the mundane world are often real wizards. They can be actors, computer wizards, scientists, politicians, etc. (I'm still working out the whole premise of this thing, but this is my idea so far.)
As an example, I have a man pass by (he doesn't participate in the plot, he's just "noticed" by the lead character) who the lead character recognizes as the bald-headed actor who starred in a TV series set on a starship and was also in some movies about mutants (Patrick Stewart, in case you haven't figured it out yet). I NEVER mention the actor or other real person by name. I think I've even removed "mutants" from the reference to "X-men", actually.
So here's my question - is there any legal problem with using these "hints" to both ground the story in the real world and make the story more amusing for the reader? Thanks for any input you can give me.
I've also posted this question on Critters, so if you go there, yup, you saw this same question there.
posted
There have been a number of books written in which the characters - based on actual people - were thinly veiled and not hard to guess who they were. "Valley of The Dolls" is one of those books - and the references made to the characters were much more incriminating than what you intend. I think you're safe as long as the name of the person is not given. Despite the clues and similarity a character may have to an actual person - it is a difficult charge to prove in court.
[This message has been edited by nitewriter (edited December 20, 2007).]
posted
I think they also have to prove that you libeled them. Also, many works fall into the category of satire, which is a protected right. That's what would have protected Prime Colors.
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posted
I'm not an expert, but I think you can even name them so long as you aren't saying anything bad about them or misquoting them (not sure how that works in a work of fiction.)
You might get into a problem if you said, "The bald-headed actor who starred in a TV series as the captain of a starship and was also in some movies about superhero mutants--who also supports terrorism and starts forest fires."
quote:Just don't say something blatantly false like: "Patrick Stewart, star of Star Trek, and well-known clansmen and friend to David Duke."
Honestly I don't think you even have to worry about that. Look at south park. As long as you put a "This is a work of fiction, no characters represent real people" apparently you can do whatever you want.
Didn't they have a pretty gratuitous skit about Oprah? I mean, really, I doubt she signed off on that bit.
posted
I'm sure if it comes to a legal battle, the lines can become rather fine. But I see the point about how obvious satire gets away with rather outlandish stuff. South Park is a prime example. (Of course, maybe there is a reason Barbara Streisand didn't protest being portrayed as a 60' robot.)
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posted
I think South Park gets away with it because they are incredibly clever and hilarious. Anything is okay as long as you're clever and hilarious about it.
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posted
I think I heard somebody was suing South Park about their portrayal, but I don't remember the details...
Weird Al Yankovic gets permission to parody somebody and their song directly from the artist...there was a disaster when he thought he had somebody's permission, but had not talked directly with that person...
I remember Gone With the Wind (the book, not the movie), where assorted real people were mentioned in a way I thought clever. That had a few advantages. First, they were long dead. Second, even though some were actually involved in the lives of the characters, none ever appeared onstage as characters themselves.
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That was the guy who played "Chef" (Barry White??? I don't know, I don't watch South Park, but my son-in-law is devoted to it, so I hear about it). He sued and quit, or quit then sued, but he didn't get anywhere with his suit.
posted
Or, you could just sit back and wait to see what Patrick Stewart does to lehollis and Zero, and take your cue from that. If he doesn't do anything reasonably fast, you could always drop him an anonymous email letting him know he should be checking Hatrack for slander statements. Just trying to help!
Seriously, I think if you google something like "use of public figures in fiction" you can probably get an answer. Or email king's falcon. She is very friendly and helpful,and a lawyer. She could at least tell you where to go look.
I was thinking about Ocean's 13's use of Julia Roberts, but of course, in that case, JR would be suing herself, and that could get really confusing.
posted
...there was also Disney's Aladdin, where Robin Williams did several voice parodies of this person and that, and the artists drew them---but my sharp ear detected several other voice parodies they chose not to draw. I don't know for sure, but I believe Disney probably secured permission for these likenesses to be used...
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posted
Yup. I'm a girl. Lots of people make that mistake. I think it's because of the "King's." I'm Nancy when I'm not on the internet.
This is more of J's area of law than mine which is why I hadn't chimed in yet. I was hoping he was around.
Generally:
Celebrities "own" thier personal appearance as well. The pictures taken of them by the media are taken in "public" so they can't protest about that. You have to get permission to use thier likeness. So to make Jack Sparrow into an action figure, someone cut a deal with Johnny Depp. Libel/slander isn't required to infringe on thier likeness. That's a completely different cause of action.
BUT that being said, I suspect there is some exception to the rule or bright line you have to hit before it's considered an appropriation of thier likeness. I just don't know what that line is.
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