You're a writer but
fear that someone will see themselves in one of your characters and will sue
you. Well here's something to think about.
(Fiction writers fear someone will see themselves in their villains. Memoirists
and nonfiction writers identify people by name. Can writers model characters
after real people and name names without getting sued?
Yes, with some
common-sense limitations of course.)
We all know that some
people just don’t like getting called out in someone’s book. If you plan to
base one of your characters on a real person, here is what is permitted:
In the United
States, a person’s Right of Publicity is balanced against the creator’s First
Amendment rights. The First Amendment usually wins unless the work is purely
advertising, including political advertising.
Expressive
Use: Using someone’s name, image or life story as part of a novel, book,
movie or other “expressive” work is protected by the First
Amendment, even if the expressive work is sold or displayed.
Therefore, using a person’s life story as part of a book or movie will not be
deemed a misappropriation of the Right of Publicity.
That’s right!
If I wanted to write a memoir based on actual events and people, I have the
right to do so, but to protect myself, I would only distribute the books to
family members, whoever wants a copy. I will not sell my memoir online.
In addition, I probably would categorize my book as an unauthorize biography. I am not rich, so it is less likely
that I will get sued by a family member or friend. Wait, maybe a hater but---that's if they get a hold of a copy of my memoir.
Let’s be real, you wouldn’t give a copy of your memoir to your enemies or a disgruntled relative that has issues
with you, right?
As for using someone's name in a fiction book, well names are not copyrighted and if you change a bit of the character in your story, those who oppose you won't have anything to hold against you.
Please do look at my previous blog entry: What to Know about using a Person's Name in your Book, for more info.
