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Ethics and writing
Started by bluebrook at 02-13-2005 6:43 PM. Topic has 15 replies.
  
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 02-13-2005, 6:43 PM
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bluebrook
Joined on 12-04-2003
USA
Posts 20
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truth vs. fiction
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Is it safe to turn fact into fiction if it portrays someone negatively?
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02-13-2005, 8:08 PM
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bobkalsey
Joined on 09-29-2003
Posts 553
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It is more dangerous to turn fiction into "fact."
And "safe" writing is not always the most interesting.
Seriously, you haven't given enough information about your intentions, I think, for others to provide advice--not that you should take any advice from the non-lawyers you'll find here anyway. A great deal of fiction is based on fact, inspired by actual incidents and people ("names changed to protect the innocent, " etc.). Sometimes that fiction is not flattering to those it portrays. It's done all the time. My lawyer friends tell me an important element is "intent" -- that is, do you intend to do harm to the individuals about whom you write. Can your work be characterized as malicious?
Why is it that novice writers are always so concerned about getting sued? Do they really think their work is that powerful? Hey, Brook, it's only a story.
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02-13-2005, 8:36 PM
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bluebrook
Joined on 12-04-2003
USA
Posts 20
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Wow, you're pretty smug with those last comments. Thanks for your reply, but maybe I'll try somewhere else.
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02-14-2005, 11:21 AM
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mammamaia
Joined on 10-22-2002
island of tinian [northern marianas]
Posts 1,876
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bb... regardless of your chances of being published, it's not a good idea to use real people in your fiction IF they can be recognized by anyone... writers and publishers do get sued over such stuff... exceptions are people long dead [though descendants may sue]...
when in doubt, always ask a literary attorney... no one can really tell what's safe and what's not in your case, without seeing the work... and only a lawyer specializing in that area will know what you can expect to get away with and what not...
hugs, maia
for 100% free help/mentoring:
www.saysmom.com
"You must BE the change you wish to see in the world." Gandhi
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02-14-2005, 1:47 PM
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Factuality
Joined on 08-18-2004
USA
Posts 326
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RE: truth vs. fiction
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There's often a way to fictionalize real stories, but I agree that a literary attorney is your best source for this information.
Some books written by attorneys address this question (which may sound simple but it's actually very complicated, legally!). I found this one to be helpful with general questions: The Writer's Legal Guide by Tad Crawford and Kay Murray. http://www.amazon.com/exec/obidos/tg/detail/-/1581152302/qid=1108409755/sr=1-1/ref=sr_1_1/102-7298617-0200932?v=glance&s=books
Publishers are sensitive to this issue, too, and are likely to ask you to sign an agreement that you will bear full responsibility if anyone sues based on what you have written.
Good luck!
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02-14-2005, 11:25 PM
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zubbycat
Joined on 05-12-2004
Canada
Posts 1,064
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There is also a difference between writing about famous people in your fiction and writing about your neighbour. Different rules apply there too.
zubbycat :)
"Never try to outstubborn a cat." - Unknown
"Writing is easy. All you have to do is cross out the wrong words." - Mark Twain
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02-15-2005, 1:05 AM
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bobkalsey
Joined on 09-29-2003
Posts 553
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RE: RE: truth vs. fiction
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QUOTE: Originally posted by bluebrook
Wow, you're pretty smug with those last comments. Thanks for your reply, but maybe I'll try somewhere else.
Sorry if that came off as "smug," Brook. Didn't mean it to be. But it's just an observation -- having been a member here for some time -- that the questions asked by new members and inexperienced writers so often have to do with how to avoid being sued for one thing or another. My point was (and perhaps it was badly made): just lighten up, do your writing, and don't worry about those things.
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02-15-2005, 7:33 AM
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Jamesaritchie
Joined on 04-11-2002
Posts 3,588
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Just write. Most good fiction is based on fact and on real people. Just write, and let the publisher worry about the legal ramifications.
But, really, when's the last time you heard of anyone being sued for writing fiction?
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03-02-2005, 1:18 PM
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Angela Hendricks
Joined on 03-02-2005
Posts 3
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I recently gave up a memoir I had been writing because I didn't want to upset my living relatives. I did not assume I would be published but it still give me reason to pause. I have a feeling new writers think of being sued because they project that their efforts will somehow be dashed either because of the quality or the content of their writing.
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03-02-2005, 3:38 PM
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gustavus
Joined on 03-02-2005
Posts 1
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RE: truth vs. fiction
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QUOTE: Originally posted by bluebrook
Is it safe to turn fact into fiction if it portrays someone negatively?
Yes,
It's called fiction.
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03-02-2005, 8:07 PM
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Jamesaritchie
Joined on 04-11-2002
Posts 3,588
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One thing, if a publisher asks you to sign a paper saying you will bear full responsibility should someone sue, do not sign it under any circumstances. The publisher is the one releasing the book, and it's only the money the publisher has, and the power of their legal department, that gives writers the freedom need to tell the truth.
If you sign away this power, you're in big trouble. You can be sued, and can lose a hundred thousand dollars in legal fees, even if the suit is completely baseless. Never, even sign anything of this nature. Good publishers won;t ask it, and no writer should agree to it.
You're writing fiction, and there is no such thing as fiction wherein someone might not see themselves and take you to court. They won't win, but it had better be the publisher who pays the legal fees should this happen.
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03-28-2005, 1:55 AM
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coombes
Joined on 03-16-2005
Posts 6
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All the best fiction tells the truth.
Good fiction is just truth in a nice dress and sexy underwear.
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04-17-2005, 11:22 PM
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LinnAnn
Joined on 11-06-2003
Posts 3,566
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When I write my life story, I'm putting in "The names have been changed to protect the guilty as the innocent have nothing to fear".
Meanwhile, I'm also writing up childrens stories based on my youth. I don't think the disclaimer would look too good on a childrens book with negative contents. lol
Any suggestions James?
love, LinnAnn
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02-05-2006, 2:20 AM
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Page One
Joined on 01-15-2006
Posts 12
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You are a writer/reporter
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Don't for one second get the creeps about what you write, wrote, think, and/or said in your story. If fact shows someone in a positive or negative light, change their name to protect the innocent till proven guilty and write them in to your story, fiction, non-fiction or anything else.
You have a talent and you are the writer/reporter and it is your duty to do exactly what you want and let's not worry about what people might read into what you are trying to say. Just a thought. Bill![Wink [;)]](/WRT/CS/emoticons/icon_smile_wink.gif)
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03-05-2006, 3:01 PM
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tyler_giusti
Joined on 02-25-2006
Posts 36
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If everyone sued for every idea that happened to match someone else's, the world would be more like a game of Monopoly. No, I can't tell you how many times I've had an idea ripped away from me. That's why I run them through my friend first, because he's read virtually every book ever written. And 90% of the time, he'll tell me something along the lines of "Shirley Jackson, The Lottery." In the end, you just have to learn not to worry about it. Chances are, even if your idea starts from something real, if you've done a good job, it'll end up somewhere completely different.
-Giusti
I'm back from vacation, and finished with the pile of work on my desk when I arrived back. In the meantime, I still detest the idea of private forums, etc, etc, etc. Etc.
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