What You Need to Know About Using a Person's Name in Your Book

Using a Person’s Name in Your Written Work

* When you write a person’s name into your book in a positive or even neutral manner, you don’t have defamation of privacy issues. However, if you characterize them as a shady and repugnant character, then you might have a problem. It depends of course, if they know about it.

Yes you can! There are countless books written by indie/self-published authors that are published every month of every year. Most are shuffled under mainstream books and are not seen as often, so the notion that an author’s book might be spotted by someone who the author knows personally and has used his/her name in it, is slim. Unless of course, the author made it obvious and linked that person's name to the book somehow.

 If you use a REAL person’s name in a positive or neutral manner, there’s no problem or there shouldn’t be. However, if what you wrote is identifiable and can be seriously damaging to their reputation, then you run the risk of defamation and privacy issues and might get sued in small claims court. Why a small claims court? Because that's as far as it will go.

Here is my experience with a problem involving defamation:

Back in 2006, I had a website where I shared online stories. Back then, GeoCities was a part of Yahoo and I took advantage of it by posting SOME my written work on a free webpage I had. I didn’t know at the time that a ‘certain’ someone was stalking me online. She was a Hater, my husband’s cousin’s wife.

NOTE:  I use the word, WAS because she passed away.

  Let’s continue: Back in 2006 I posted a short story called Twisted Embers. 

(Not the same as Chandra’s Quest Book 2: Twisted Embers.)

 The short story was a BDSM/erotica. I used the name of a prominent person in my small town. I thought he’d be perfect as one of the main characters, he was handsome and distinguished. The main character got involved with him, romantically and the rest you can imagine what went on in the short story. It was the first time I wrote an online short story in reference to BDSM, involving someone I sort of knew but not personally. Frankly, it wasn't that good of a story to tell you the truth, but I wanted to try my hand out in writing Erotica.

*Author's are their own worst critics.

 Well, at the time I didn’t know that my husband’s cousin’s wife had the same doctor. My suspicions were clarified after a casual conversation with her husband a few years after the whole mess fanned over. The conversation resulted in a revelation.  I asked him what doctor his wife had, he told me the name of the doctor, and it was then that I put the pieces together. She must have told that doctor about the story I posted, after all, I’m sure she spotted it online.

 Obsessed haters will always do things behind your back and cause trouble. 

I was forced to change doctors. To make this long story short, I had planned to  take down the BDSM story I posted on GeoCities, but my husband failed to pay the internet services that Summer, and it took two and half months to get the service back! I was beside myself and angry that I couldn’t do anything about the situation until I got services back online!

 I didn’t see it then, but I could have damaged that person's reputation. That doctor went as far as to asked me to remove a book I had for sale up on Amazon (Chandra’s Quest Book 1 the 2002 version) because he thought his name was in it! 

That's how far it had gone! His name was never in that book and I did not plan on using his name in any of the Chandra's Quest book series. I never took the book down. Why should I? 

By the way, he bought a copy of the original (unabridged) version of Chandra’s Quest book 1, just to be certain. 
Technically, if I knew then what I know now, I would have ignored the whole thing and did minor changes to that online story but kept his name intact. Why? Well, you can't copyright your name! And if i was taken to small claims court, I can turn around and sue for malicious prosecution.

Fast forward now:  I know more and how to use the knowledge I gained throughout the years. So I CAN use a person's name in any of my books because names are not copyrighted, period!

Here’s something to know:

*A defamatory statement must contain sufficient information to lead a reasonable person (other than the target) to identify the target. Typically, the target must be a living person.

Hints:

 *If you base a fictional character on a living person, mask identifying features. Change physical details and life history so the character is not recognizable. The more villainous the character, the more changes you should make.

 (whether you mask the character or not, do make changes.)

*Overall, the hundreds of thousands of books published each year, there are relatively few lawsuits against authors. Claims are difficult to prove. Most targets don’t sue because they do not want to call attention to a matter best forgotten. 

 This is True. Most don’t but, if you know someone who will cause problems for you, it’s best to use caution and be discreet. Don’t link the story to the name of the person you used in your book. Don’t link them to a website or online social media profiles. Just a thought.

"The people that cause unnecessary friction for others are people who hate themselves."

NEW! Below is a link to a business Facebook page I set up for myself. Thank you.
Cecile Garcia Author

Sharing Links to My Book Web Pages

I am sharing links to all my books webpages. please feel free to visit. 
In the coming weeks, I will share more excerpts on my blog and share them on my Instagram.

Saints and Sinners: Affairs of the Heart

Chandra's Quest

In the Company of Elves

These books are now available for purchase. Visit my website to view up and coming books.

NOTE: The webpages for these books are now located with google sites.

Author's website

Can you Copyright an Idea or Title?

(Can you copyright an idea or a title?)

Copyright protection does not extend to titles, names, slogans or short phrases. You can not copyright your name, the title of your post or any short phrase that you use to identify a work. Ideas can not be copyrighted because they are not fixed into a tangible medium expression. 
However,copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

Section 102(b) of the Copyright Act specifically states: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.

Derivative works: there can be a lot of gray area between an uncopyrightable idea and an infringing derivative. Example, you can write your own book about a boy wizard and a wizard school, but you can’t use any of the characters from Harry Potter.

What I think: 

well, those rules do not apply to Fanfic, I suppose. If you're writing fanfic, which usually is posted on Fanfic websites, the short stories are not copyrighted. I will post a blog entry about Fanfiction writers in the coming weeks.

I am going to relate an experience I had earlier this year.
I finally published the revised version of my book, In the Company of Elves.  A book I originally wrote back in 2005 and copyrighted and published it with Instantpublishers in 2009. Uploading the revised version  to Kindle was no problem but when I uploaded the file to CreateSpace to publish a paperback version, I received an email from them that my book was suspended until I showed proof that I own the rights to the book. When I called CreateSpace to ask them why my book was suspended, they told me there was some confusion regarding another book by the same title! Another indie/self-published author used the same title. I was surprised and irked but since I had the original copyright papers for my book, I sent a copy of it to CreateSpace.  All was taken care of and the paperback version of my book is for sale. 

The other author's book was published in 2016 under the same title. I already had a book with that same title up on Amazon since 2009. The content of both books are very different, however they are both categorized as fantasy. Her book is a part of a trilogy whereas my book is just one single novel. I assume she decided to use her subtitle as the main title instead of using Cat's Tales as the main title. Confusing isn't it. 

Example:

Chandra's Quest 

Chandra's Quest Book 2: Twisted Embers

Chandra's Quest Book 3: Immortality

I don't know if the author did it intentionally but I did find out that the author has long since passed away. her sister in law takes care of the distribution of the author's books. What the author did does happen. But you can't copyright titles as stated above.

Can someone steal an idea for their own book?

Yes! It happens. My advice to all authors, especially indie/self-published authors, don't post your book's information on your website (especially if you're still working on it) until you're almost ready to publish it. A person may use a title you come up with, that's fine, there are many similar titles on online bookstores, however keeping your idea for your book furtive, helps. We all have a rival who is jealous and downright mean-spirited, who may go to extremes to damage your progress or reputation. Just noting. 

*Can anyone use the idea from a book that you published? Anonymous

Answer: Yes they can, as long as they change a few things, and make it their own. Some writers who write the scripts for actors for certain TV shows, have used ideas from unknown authors. If an author wants to claim that the producers or writers of a show used his/her idea for their script, remember ideas are not copyrighted so basically it's hard to prove. 

What I think: I personally think that if your idea is used in a show or movie, may they link your book as a source, giving the unknown author credit! It can be, "This story is loosely based on a book by," it's that simple. A lot of indie/self-published authors have seen their ideas used in TV shows like the syfy channel.
It is a compliment to have someone like the idea that you used to write your book, however you won't see royalties from it and it's not fair to the struggling writer.

Copyright Certificates

How long is the copyright certificate valid?

*As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.

In conclusion, ideas, names and titles are not protected. To all my fellow indie/self-published authors, good luck and be vigilant with your work. 

Visit my Youtube channel to view recent videos. I made a video from the book Saints and Sinners: Affairs of the Heart. Chapter 3. I plan on making more videos of my books, and I will share chapters from them.

Chandra2012 Channel

Visit my Website to view updates on my books

Cecile Garcia (author)

NEW! I have uploaded new videos regarding blog entries I've written in this blog. please visit. 

My Channel

What is my Goal in Life?

Someone once asked me: What is your goal Life? My main goal in Life is to write and publish as many books as I can before I turn 60. Why? I just feel that I should. It's a calling of sorts. So the next time a person asks me what my goals are, that is what I'll tell them. Even if  most of my books are novelettes, it's fine with me. My readers will enjoy them. And yes, I do have readers.

Books I've written so far:
*Chandra's Quest (novel)
*Chandra's Quest Book 2: Twisted Embers (novel)
*In the Company of Elves (novel)
Saints and Sinners: Affairs of the Heart (novelette)
The Other Side of Things: Part One (novelette)

(books with a star next to them have been downloaded over 40 times)

Books I'm working on:

Chandra's Quest Book 3: Immortality
Out in the Open

NEW: I made this rotating pendant based on one of my novels, In the Company of Elves. It comes with a chain. The front of the pendant pictures the main character Melissa and the backside is the title of the book. Handmade, one of a kind item.

Please visit link if interested. 

In the Company of Elves pendant

Visit my website to see a list of books to come.

Author's Website

Follow me on Amazon!

I would like to let everyone know to FOLLOW me on my Amazon Author's page to get updates on all my books and videos I may share. On occasion, if for some reason I find a blooper or two within the text, I will make changes to it and re-upload it to kindle. In addition, if you FOLLOW me, you'll receive notice of new books that I have published. 

Please visit

Author's page

Excerpt from Saints and Sinners: Affairs of the Heart Chapter 3

(this is an excerpt from my book, Saints and Sinners: Affairs of the Heart. Chapter 3: Three Year Affair)

My story starts in January 2012. I was in my late 40’s and surprisingly in good shape! I thought for sure that menopause would have made me into one of those grumpy, middle-aged, bitter ladies whose body betrayed her but that wasn't the case. I did my best to keep my weight down and to this day, I keep trying. I had actually signed up for Facebook two years ago, but that's not where I crossed paths with Greg. It was through a social platform called My Yearbook. Before I go on, I should mention that my husband and I were facing some challenges in our relationship at that time, as marriages often have their fair share of highs and lows. No one’s perfect and we all succumb to temptation at one point in our lives. Of course, that's no excuse and I’m not making any excuses. If other women judge another woman because they had succumbed to a moment of weakness, then they should be cautious of whom they judge. Just saying. Continuing, I decided to sign up for the "My Yearbook" social network as a way to have some fun and connect with new people. I already had Facebook, but that was more for keeping in touch with family and close friends. I must confess, I enjoy flirting, especially since I felt like I wasn't getting the attention I deserved from my husband at home. Deep down, I had this fear that once I hit 50, my body would start to change, I wouldn't be as slim anymore, and sex would no longer be a priority for me. Menopause is a natural phase that every woman experiences, and it often brings about a decrease in sexual desire for most women. It's a common phenomenon that I've come across in conversations with friends and acquaintances. Many women simply prefer to steer clear of any sexual activities during this period. Curiosity got the better of me, so I decided to engage in some harmless online flirting without any ulterior motives. Little did I know that one day, a man would send me a private message that would change things up a bit. “Hi, my name is Greg. I would like to get together and talk to you. I want to get to know you. You’re very beautiful and sexy. I think you have beautiful eyes.” 

 I was flattered of course but I remained skeptical because unlike the rest of the men who flirted with me and showed me their private pictures, he only had an old picture of himself of when he was in the military as a profile picture. No matter how many times I tried to convince him that I wouldn't judge his appearance, he refused to send me an updated picture of himself. He said that he wants to remain a mystery until I agree to meet him.

 Well, for a whole month we’d tease each other and flirted online. I never contacted him through Facebook. I kind of figured that he had a Facebook page but for some reason I never could find him, I later found out he blocked me, for whatever reason that was. I think he wanted it that way. Before I engage in an intimate relation with anyone, I usually like to assess their connections and see who they associate with. It's just my way of ensuring transparency and avoiding any potential deception. In February, we met at a nearby fast-food joint. Now, you might be wondering why I agreed to meet him in the first place. Let me tell you, it was a result of a massive argument I had with my husband. Our fight revolved mainly around financial matters, and I had simply reached my breaking point. He shouted at me, accusing me of lacking support, and that's when I decided to meet Greg in person.

To be honest, I've always tried my hardest to back my husband up in any financial decisions he made, however those choices only ended up making the situation worse! Regrettably, his decisions often led us into even stickier situations. He never considered the wise advice I offered him; instead, he would simply go ahead and do whatever he believed would yield positive results financially. We even resorted to borrowing money from sources that eventually came back to haunt us. I felt unappreciated, drained and restless. My restlessness was due to the lack of connection I had with my husband. I know, most women would have considered a divorce or maybe not. My poor lack of judgement led me to cheat.  I didn't want a divorce because my kids were still in school. They would not understand the situation. The thought of going through a divorce was absolutely devastating, knowing that it would completely shatter their lives. With this heavy burden on my mind, I decided to meet Greg. As I sat there by myself, sipping on a cup of coffee, I couldn't help but feel a mix of nervousness and anticipation for the arrival of this mysterious man I had only encountered online. Inside the restaurant, there were a few other individuals enjoying their breakfast, creating a bustling atmosphere. The weight of the situation made me feel uneasy, as I anxiously glanced at the clock. It had already been ten minutes past the agreed meeting time, and I couldn't help but wonder if something had gone wrong or if Greg had changed his mind about meeting me.

“Oh well, he decided not to come. Maybe I should leave.” I thought. A part of me was relived and thanking God he didn't show up. I was gathering my stuff when I saw a man walk in. He was about 5’9”, at 180 pounds. He looked like an average, middle age ex-military man, with a receding hairline. Brown hair and brown eyes. He glanced around the restaurant.

“Shit, that can’t be him?” I thought. I glanced at him and looked away. I contemplated the idea of standing up and making my exit. If he questioned my identity as I was walking out, I had planned to deceive him by providing a false name. It dawned on me that I should have followed through with that plan. Surprisingly, cheating no longer held the same appeal it once did considering that I was less than impressed by his appearance. As he glanced towards me, I responded with a nervous smile. He recognized me, as I had used recent photos of myself. “Damn it!” I thought. I gulped. “Hi, are you Marissa?” he asked. I looked at him. “Yes, I am” I answered.

“Wow, I didn't expect that you’d look so good!” He shook my hand and sat down. Many women enhance their appearance on social media by using filters and editing tools, but I choose to stay real. I forced a smile, feeling uneasy. Against my better judgment, I decided to stay out of politeness and refrained from canceling on him.

Saints and Sinners: Affairs of the Heart

Ages: 18 & over (mild adult content)

Category: fiction, adult fiction, non-fiction, romance, drama

My Instagram page

My Amazon author's Page

FOLLOW me on Amazon to receive updates on any of my books or when I add a new book to my list.

Feeling Accomplished

Woo-hoo! I have finally completed revising Chandra's Quest book 1, Chandra's Quest Book 2 & In the Company of Elves,  the three books that I had published many years ago. That was half  of what I want to do. I plan on writing other books.

Future books to come:
Books that will be publish in the near future, will be new and posted on Kindle first before publishing them on paperback. 

If you've read my books, please post your comment about them. All comments appreciated. TY.

Previews of my books on CreateSpace:

Chandra's Quest

Chandra's Quest Book 2: Twisted Embers

In the Company of Elves

NOTE: In the Company of Elves has been downloaded more than any of my other books. If you wish to own a copy, you can order the paperback version or download your copy from Kindle.

My Website