Question about Libel

[Meteo Xavier]

Ok, so I know that people can sue for big money if they don't like the way they're portrayed in print in the news, but what about fictional works like a character in a book named after them? Not much more positively identifying than that, but how does that work?

[Flare4War]

Ok, so I know that people can sue for big money if they don't like the way they're portrayed in print in the news, but what about fictional works like a character in a book named after them? Not much more positively identifying than that, but how does that work?

If they're copyrighted or a trademark you can get in just as much trouble.

[Chuckles]

Furthermore, if it's just a celebrity or something, you have a fair amount of leeway. They'd have to prove actual malice for anything you did, since they're a public figure. Usually, however, it never gets beyond a cease and desist letter unless your work gets really popular.

[Meteo Xavier]

I mean like local people, people you went to school with, church with, etc. Sorry, I should've been more specific in my earlier post.

[cobaltstarfire]

If you're just naming characters after people you know without the characters representing the people you know, then common names on their own can't normally be copyrighted or sued over.

Now if you are giving characters first and last names of people you know, that's walking a fine line, and if you are also making the characters look/act like their namesakes, well you better hope they don't find a reason to take you to court over it.

[Meteo Xavier]

I figured that'd be the case. Ok then, thanks.

[Wacky]

Don't publish. If you never publish, you have the defence of triviality.

Truth is also an absolute defence to libel.

[Liontamer]

Here's some quick fun with Tony Twist: http://en.wikipedia.org/wiki/Tony_Twist

[Meteo Xavier]

Don't publish. If you never publish, you have the defence of triviality.

Truth is also an absolute defence to libel.


Its easier to just change the names.

[Wacky]

Its easier to just change the names.


No it isn't. The libelee can claim true innuendo.

[Meteo Xavier]

No it isn't. The libelee can claim true innuendo.

And how would he or she do that if they didn't know it was based on them in the first place?

Example: My distant cousin writes a book. One of the characters is a bumbling retard named Rick Gregor. My name is J*** L******. I don't know that character's based on me because he never told me that, preliminary, he based it off me. I don't know, how would anyone else? What damage is done then?