Using Real People

Discussion in 'Character Development' started by LadyJustin, Feb 28, 2008.

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  1. TWErvin2

    TWErvin2 Contributor Contributor

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    BluePaladin,

    While it may appear to be a cool notion, or bestowing an honor or compliment, or just a good idea (or at least a harmless one)--among many other possibilities to place friends and family into an otherwise fictional setting, especially for commercial purposes, it is not.

    With as much variety in individuals out there and equally unlimited imagination a writer can have, basing characters on people you actually know...even to the point of similar physical characteristics and first names, it just doesn't make sense. It is a choice/path that has very little benefit but opens the door to a myriad of potentially destructive repercussions down the road.

    Further more if you change your mind about it later--after you've written the novel, consider: While one can go in and change the name, and even possibly a physical characteristic or two for characters, altering personalities and responses to situations will have impacts on the novel...kind of like a ripple effect. One action or alteration can influence how other parts of the novel read, how other characters would respond, etc.

    And as a writer, you would have to do more than a name change.

    Read not only the posts after you revived this topic, but also the full discussion, including links to articles prior to your post.

    It (deciding against using real people for characters) is a decision that may save you time and tens of thousands of words wasted.

    Terry
     
  2. BluePaladin

    BluePaladin New Member

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    I read the whole thing before I posted.

    True, taking the characters out now will mean that any time I spend writing from here on out will not be wasted. Unfortunately, it would waste all the work I have put in to the story over the past four years. I'd need to design the main characters from scratch, and rework every other character the main characters were meant to interact with. And of course, this could affect the plot itself, as one part in particular is very dependant on the personalities of all the characters involved.

    TWErvin2, All of your posts have raised good arguments against the use of "real" characters, but I must say in my case I'm a little concerned. The plot and universe are pretty much already built in my head; the "ripple effect" you described is inevitable now. Removing these characters would be like removing limbs from the human body; even if they're replaced, the whole will not work as well as before.

    If you can think of some process by which one can remove their characters without destroying their entire plot, I'm all ears. And I'm not being sarcastic, I really mean it! :(

    One final question: suppose, in my attempt to turn my friends into characters in my book, I fail to represent them well and am left with a one-dimensional shell that only reflects one primary aspect of their personality. (Unfortunately, this is what seems to be happening.) Could I not then develop that shell into a unique character, preserving my reason for having that person as a character (the primary part of their personality) while at the same time avoiding all the problems that go along with having a "real" character?
     
  3. Lucy E.

    Lucy E. Active Member

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    BluePaladin, I'll give you an example of a situation on which a character is based on a real person but is not considered libel:

    You base a character on your best friend. Her more significant traits and characteristics are:

    - She's very bright, is almost always smiling, and is very friendly
    - She plays a banjo
    - English is her first language, but she also speaks Zulu fluently
    - She was born in Cardiff but moved to America at the age of 7
    - Her parents died when she was 10
    - Her name is Charlie

    The character in your novel's outstanding characteristics are:

    - She's almost always smiling
    - She speaks Zulu fluently
    - Her parents died when she was 5
    - She enjoys screenwriting
    - She hopes to work in Hollywood someday
    - Her name is Kasey

    See what I mean?
     
  4. princess K

    princess K New Member

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    Sorry I haven't read the other posts so I don't know what everyone else has said... but what I think is:

    I often use people I know in stories. Sometimes it is a fictional story but the character is pretty much identical to the person in my life. I think it is fine to use your ex-boyfriends name if you know no-one that will know or care that it is him will read it, however if like you say one of his family may read it you probably should change it. Even if you write the whole thing in his name and then go back and change them at the end. x
     
  5. TWErvin2

    TWErvin2 Contributor Contributor

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    BluePaladin,

    It may come down to doing what is the right way of writing the final product or what is the most expedient way of writing the final product. Sure, it would be a lot of work, if you truely have a universe created (it shouldn't necessarily depend on the specific group of characters you've already developed that inhabit it) that is worthwhile, then part of the work is already completed whichever way you go.

    What happens if you complete the project (putting many many more hours into it) and then once finished the libel or other issues doom it to the scrap heap (or atleast the major revision that could've been accomplished earlier)?

    Writing is work...maybe enjoyable, but it is work nevertheless. It should not take 4 years of work to begin again to achieve where you are now.

    Princess K
    Based on your statement, you probably should go back and read the entire thread.

    Terry
     
  6. BluePaladin

    BluePaladin New Member

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    Hmm... her personality is the same, but her other defining characteristics make Kasey a different person than Charlie. This will work perfectly! Thanks, Lucy!

    Though I should probably ask TWErvin if he thinks this method is okay first.

    Speaking of which, I understand completely, TWErvin. Better to fix it now and have to put more work into it, as opposed to finishing it as it is now, THEN fixing it, and having to put even MORE work into it.
     
  7. mammamaia

    mammamaia nit-picker-in-chief Contributor

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    the legal deciding factor [libel-risk, or not] is whether your friends, or anyone who knows the real people can recognize them in the characters you've created... if anyone can, then you're at risk and should change them enough so they can't... period!

    the official skinny won't be found here in the forums, but here: www.copyright.gov
     
  8. BluePaladin

    BluePaladin New Member

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    Here's an idea: suppose I have my friends read and approve of the story before I try to get it published. Problem solved?
     
  9. TWErvin2

    TWErvin2 Contributor Contributor

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    BluePaladin,
    People who might be okay with it now...how will they feel 5 years from now (not an unreasonable estimate for completing a novel, finding an agent/publisher and the novel making it to the book shelf)? What if there is a falling out? These things happen, often.

    Are you going to hire a literary attorney to write/devise a legal agreement, where the personalities turned into characters give up their rights and control?

    If the personalities placed in a fictional setting, for some reason do sign, what if the first novel sells? Do they sign again for any sequels? What cut will they get then? Will the actions of 'their' characters influenced the world such that they could claim part of it in any future works, even if their character is not longer a part of the narrative?

    What if they sign away all rights, but in the end don't like where you took the story (or them)? How will that affect your relationship with them?

    And if, even though they signed away all rights, they still influence the direction of the novel and 'their' character through how it affects your real-life relationship(s) with your friends placed in your novels...how might that weaken the chances of having a successful novel, or series, etc?

    I am sure there are more relevant questions I could ask along these lines. Those are what just came off the top of my head.

    BluePaladin, what is the purpose of using real individuals that you know and placing them in your novel?

    What is the advantage of using real people in a fictional setting as opposed to creating your own characters for your novel/fictional setting?

    Terry
     
  10. BluePaladin

    BluePaladin New Member

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    The idea was born when I was quite a bit younger. I had no intention to ever publish it, or anything; I had no idea of the legal hurdles; I just wanted to write a story where my friends and I go off on a magical adventure full of dragons and sunshine and lollipops.

    As I grew older, the sunshine and lollipops disappeared, the dragons became less cute and more dangerous, and the story now took place in a war-torn multiverse where failure could mean the end of all existence. But I still wanted to see what it would be like to write a story where the main characters are myself and my friends.

    I see it as an experiment. And if I can find a way to make it publishable, great! If I can't, I'll just post the whole thing on an Angelfire page, and give my friends the URL.
     
  11. Lucy E.

    Lucy E. Active Member

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    ^ That's perfectly fine.
    If you really want to make it publishable, here's what I'd suggest:
    Pick out several of each of your friends' more significant traits.
    Then change 70% of them so that the characters are unrecognisable to anyone other than you.
     
  12. mammamaia

    mammamaia nit-picker-in-chief Contributor

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    that can still get you sued... check out the laws and follow terry's advice, if you go ahead anyway and have ignored mine...
     
  13. BluePaladin

    BluePaladin New Member

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    I read a large portion of the information from the copyright website you linked to, and I read Terry's link and everything that's been said here.

    So there's basically no way I can write this thing, with "real" characters, without getting sued. Whether or not I publish it. That's what I'm hearing.

    What if I don't post it online, but save it on my computer, and I send my friends the file. Would that work?

    And if I send it to any friends who aren't in the story, could I be sued?

    What if one of my friends then distributes the story? Could I be sued for that?
     
  14. TWErvin2

    TWErvin2 Contributor Contributor

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    BluePaladin,
    It is not a guarantee that you will get sued. But the real potential of it happening does exist when using "real" people as characters while writing fiction.

    It's not quite like walking across a 4 lane highway at night with blinders on, but there's enough of an anology to mention it--that you're setting yourself up to potentially get blind-sided. Maybe the odds of it not happening are in your favor, but if it does occur, the result will definately be painful and messy.

    I think just about all that can be said on the topic has been said, at least from my end. Like many situations in life, in the end one has to decide whether to take advice given or to ignore it.

    Terry
     
  15. BluePaladin

    BluePaladin New Member

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    I'm just saying there doesn't seem to be any safe way to go about this, as far as the story being published goes. The odds certainly seem to be against me if I choose to publish it in any way.

    Believe me, I fully intend to follow all the advice I've been given here. But if there is any way to write this thing without having to worry, I'm determined to find it.

    So, here are a couple of situations I would like to know about, if you could take the time to answer them. Then I'll decide what to do.

    What are the dangers if I post it online?

    Is there any danger if I make the story only available to my friends?

    Is there any danger if I make the story available to a friend whom I did not use in the story?

    Am I in danger of being sued if one of my friends distributes/publishes the story in any way (literary magazine, internet, etc)?

    Thanks for all your help, and I'm sorry for being such a pain; I'm rather ignorant when it comes to stuff like this.
     
  16. mammamaia

    mammamaia nit-picker-in-chief Contributor

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    'work' meaning what?... sending it to your friends could lose you a friend or two, if they don't like what you wrote and could still get you sued by any one of them, for letting others see it...

    yes...

    yes... it doesn't matter how it gets 'out'... what matters is that you wrote it and let someone else read it...

    the same as if you published it or gave it away... the moment anyone other than yourself reads it, you are at risk, if any of the people you wrote about [or possibly, any of their family] don't like what you wrote...

    answered above...
     
  17. tonten

    tonten Active Member

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    sorry to bring up an old thread, but I have a related question I thought I might ask here.

    I have 2 friends in which I use their real names in my novel, but the character description/personality/events/and everything is totally unrelated to them in real life.

    So basically, it's just their names I'm using.

    It's just a theoritical question, but could they still sue me for libel if I wrote something bad in the novel? (Not like it would happen, as I do have their permissions to use their names.)
     
  18. arron89

    arron89 Banned

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    If they're your friends, what makes you think they'd sue? And if they've given you permission, then they can't sue you for it.
     
  19. Cogito

    Cogito Former Mod, Retired Supporter Contributor

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    I can't imagine a written agreement that would allow you to defame a person without consequences. And since defamation is primarily in the eye of the defamed, I don;t believe even a signed agreement would protect you. A lawyer could always argue that the release was signed under false pretenses on your part.

    Unless they signed off after seeing the final manuscript, I don't think you'd be safe. And even then, they might be able to argue that you made changes after they signed off, unless the manuscript were already in the hands of the publisher. In trh elatter case, it might be the publisher's attorneys that insisted on the releases as a condition of closing the publishing contract.

    Best to keep your characters fictional,and keep your friends - friends.
     
  20. tonten

    tonten Active Member

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    Only theoritical.

    I mean it's not like their names or unique or something. They're common names like Danny, Mark, John, etc. It's just coincidentally I have friends with those names and no, non of the events/character personalities in the book is based on them.

    Don't mind me, just call me paranoid heh.
     
  21. CharlieVer

    CharlieVer Contributor Contributor

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    I use two real people (somewhat altered into fictional people) in my novel.

    One is my daughter. The other is my stepdaughter.

    I treat them respectfully and honorably, and predict nothing but pleasure from their inclusion. I've told them both, and neither have a problem with it--I think they're rather excited about it.

    They appear much as they were when I started my first draft, though that was a few years ago and they've changed a bit... my nine-year-old is much as she was when she was five or six, and my young college graduate is much as she was when she was attending college.

    Charlie
     
  22. mammamaia

    mammamaia nit-picker-in-chief Contributor

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    if you don't use their full names [first and last], then there's no way they can claim you named the characters after them, unless their first names are a lot less ordinary than the ones you listed...

    however, as cog points out, it's always best to be safe, rather than risk being sorry, so why use their names for your characters, when you could use names that don't have any connection to people you know?
     

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