Meteo Xavier Posted January 29, 2009 Share Posted January 29, 2009 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? Quote Link to comment Share on other sites More sharing options...
Flare4War Posted January 29, 2009 Share Posted January 29, 2009 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. Quote Link to comment Share on other sites More sharing options...
Chuckles Posted January 29, 2009 Share Posted January 29, 2009 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. Quote Link to comment Share on other sites More sharing options...
Meteo Xavier Posted January 29, 2009 Author Share Posted January 29, 2009 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. Quote Link to comment Share on other sites More sharing options...
cobaltstarfire Posted January 29, 2009 Share Posted January 29, 2009 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. Quote Link to comment Share on other sites More sharing options...
Meteo Xavier Posted January 29, 2009 Author Share Posted January 29, 2009 I figured that'd be the case. Ok then, thanks. Quote Link to comment Share on other sites More sharing options...
Wacky Posted January 29, 2009 Share Posted January 29, 2009 Don't publish. If you never publish, you have the defence of triviality. Truth is also an absolute defence to libel. Quote Link to comment Share on other sites More sharing options...
Liontamer Posted January 30, 2009 Share Posted January 30, 2009 Here's some quick fun with Tony Twist: http://en.wikipedia.org/wiki/Tony_Twist Quote Link to comment Share on other sites More sharing options...
Meteo Xavier Posted January 30, 2009 Author Share Posted January 30, 2009 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. Quote Link to comment Share on other sites More sharing options...
Wacky Posted January 30, 2009 Share Posted January 30, 2009 Its easier to just change the names. No it isn't. The libelee can claim true innuendo. Quote Link to comment Share on other sites More sharing options...
Meteo Xavier Posted January 30, 2009 Author Share Posted January 30, 2009 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? Quote Link to comment Share on other sites More sharing options...
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