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Contracts, rights and liabilities

Started by mrevelle at 02-15-2005 12:06 PM. Topic has 12 replies.
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   02-15-2005, 12:06 PM
mrevelle


Joined on 08-23-2004
Coastal Georgia
Posts 160
Post Icon Real People, False Names
This may have been covered or answered before. I researched but couldn't find anything on it, so if it has been covered, please direct me to the thread.

I frequently use real characters but change their names slightly. For example, using a real person named James White, I'll change it to James Black or something similar. My question is how close to real life can I come without infringing on anyone's rights or violating any thing? There have been times when the real person is much more interesting than any fictional character I can come up with. Does it matter if someone reads one of my works and can figure out who I'm writing about?

"Be who you are and say what you feel, for those who mind don't matter and those who matter don't mind." - Dr. Seuss
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   02-16-2005, 7:06 PM
Rosarium

Joined on 10-19-2003
Texas
Posts 142
RE: Real People, False Names
If you're doing a novel, most of those get a little "this is a work of fiction, any similarities yada yada yada" disclaimer in the front.

Rosarium
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   02-17-2005, 3:15 PM
mammamaia

Joined on 10-22-2002
island of tinian [northern marianas]
Posts 1,876
RE: Real People, False Names
it might matter if someone is recognizable and they don't like how you portrayed them... why would you use names so close to the real ones?... that's a dead giveaway and will not look good if you're sued and try to say you 'disguised' the real person...

it's better to make up completely fictional characters and just use bits of real ones, not so much that anyone can guess who you're sending up... people sue at the drop of a hat these days... that standard disclaimer rosarium mentioned isn't always enough... when in doubt, always consult a literary attorney... it's cheaper than a lawsuit...


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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   02-17-2005, 5:58 PM
zubbycat

Joined on 05-12-2004
Canada
Posts 1,064
RE: Real People, False Names
If I base a character on someone real, I try to give them a completely different name and make them look different. I keep the really important parts of that character, say personality or whatever, but then I change everything else. If they are tall, I make the character short. If the real person lives in a house, I put the character in an apartment. Little unimportant changes can make a big difference in how recognizable a person is.

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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   03-02-2005, 9:58 AM
Trishdish

Joined on 08-15-2004
Posts 14
RE: Real People, False Names
Hello :) Although I am a newbie, I have to agree with zubbycat. However, if the literary piece needs the character to have the exact attributes as the real person in order to give substance to the piece, couldn't you simply ask for that individual's permission? And in doing so, would you be obligated to give credits to that person? I am working on a project right now that deals with this very issue. Remember, I am a newbie, so be kind with your responses. Thanks for listening. Trishdish:)
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   03-02-2005, 10:42 AM
mammamaia

Joined on 10-22-2002
island of tinian [northern marianas]
Posts 1,876
RE: Real People, False Names
yes, you can ask permission... but you'd better get it in a legally-binding release drafted by an attorney who specializes in such stuff...

and no, you're not 'obligated' to give 'credits' to that person, because they're not doing any writing... however, if they want it known that the character was modelled on them, that will be covered in the contract and mention will be made on the acknowledgements page or however they want it noted...

hope this answers your question... bottom line?... when in doubt, ask a literary attorney!

love and 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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   03-03-2005, 3:01 PM
Trishdish

Joined on 08-15-2004
Posts 14
RE: Real People, False Names
Thanks for the info maia. I just got permission from one of my characters' model. He even agreed to let me use his first name which pleased me... his name really brings the character to life, a nice ring to it.
Thanks. Trish
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   03-04-2005, 11:07 AM
mammamaia

Joined on 10-22-2002
island of tinian [northern marianas]
Posts 1,876
RE: Real People, False Names
GET IT IN WRITING!

a friendly vocal 'sure!' won't help if later he decides to change his mind... and be sure to let him read what you wrote about him and then get his signed approval before sending anything out...

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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   03-05-2005, 3:10 PM
Trishdish

Joined on 08-15-2004
Posts 14
Post Icon RE: Real People, False Names
I'll be sure to take your advice. Thanks maia

Trish
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   03-06-2005, 10:23 AM
mammamaia

Joined on 10-22-2002
island of tinian [northern marianas]
Posts 1,876
RE: Real People, False Names
my pleasure... best of luck with your project!... hugs, m

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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   03-13-2005, 4:00 PM
Andrew-Neville

Joined on 02-27-2005
Ireland
Posts 53
RE: Real People, False Names
There is only one real porblem that I have come across with this idea and it has nothing to do with copyright! The character evolves so much that they become a different person entirely, this happened in one of a novel I started writing and I got very confused by it as I didn't know who I was writing about, in the end I ditched the novel all together and started something new!
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   02-14-2007, 3:13 PM
catsndogs

Joined on 08-10-2004
Posts 53
Re: RE: Real People, False Names

If an author does receive the O.K. to use a person in their story, are they entitled to royalties?

 

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   02-14-2007, 5:48 PM
Bandito63

Joined on 04-03-2005
SW MO
Posts 252
Re: RE: Real People, False Names

Hi Catsndogs,

Only if you agree to give them money when they sign the release for letting you use their name.  This is why it's important to get the release in writing.  If you write a best selling novel and a movie is made of it, this person can not come back later and say that you promised to pay them for using their name.     ~   Bob

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