8 replies to this topic

[WC]

Wasn't sure where to post this, but thought this might be the best place, seeing as everyone in this particular forum have undertaken some form of writing and must've thought about these issues before.

What happens if your lead character is based very strongly around a well-known celebrity? Let's say his or her name has been changed as well as other background details and characteristics. However, the character is inspired by the celebrity, and therefore the description of him, certain personality traits, habits and particular historical events from his life have been woven into the plot in a way that the celebrity in question, as well as anyone familiar with her, would probably recognise her instantly. It would be similar in the same way that, for example, the film "Primary Colors" was a thinly veiled allusion to President Clinton and his administration which no-one could fail to miss. However, let's say the story is more of a homage to the celebrity rather than a criticism of any sort.

What kind of legal problems would be associated with this? Could the celebrity, or her representatives sue on the basis of some kind of infringement of trademark, personal or privacy rights, misappropriation of identity, or anything else related? And what kind of disclaimers/ defences could be brought up? This area of law isn't my speciality.

And what is the situation with Fan Fiction other than writing "This is only intended as a work of fan fiction. So please don't sue"?

Also, would these issues make any potential publishers hesitant to publish non-fan fiction stories based around the elements mentioned above?

It is an issue which I am very curious about at the moment and which I am sure would interest others here. Obviously, one wouldn't want to have to rewrite their main character(s) into someone you no longer recognise nor care for.

Anyone here know?

Thanks

[Dalton's Wendy]

What happens if your lead character is based very strongly around a well-known celebrity? Let's say his or her name has been changed as well as other background details and characteristics. However, the character is inspired by the celebrity, and therefore the description of him, certain personality traits, habits and particular historical events from his life have been woven into the plot in a way that the celebrity in question, as well as anyone familiar with her, would probably recognise her instantly. It would be similar in the same way that, for example, the film "Primary Colors" was a thinly veiled allusion to President Clinton and his administration which no-one could fail to miss. However, let's say the story is more of a homage to the celebrity rather than a criticism of any sort.

What kind of legal problems would be associated with this? Could the celebrity, or her representatives sue on the basis of some kind of infringement of trademark, personal or privacy rights, misappropriation of identity, or anything else related? And what kind of disclaimers/ defences could be brought up? This area of law isn't my speciality.

Anyone here know?

Thanks

Two instances illustrating your query come to mind, WELSHCAT.

The first is the 1941 movie, Citizen Kane, which was so blatantly based on the life and times of the publishing giant, William Randolph Hearst, that, even before the film was released, Hearst went wild, and attempted every possible means of preventing the release of the film. Hearst even went so far as to offer huge amounts of money to RKO, the producing studio of the film, if only they would sell him the negatives of the film prior to its being released.

They wouldn't.

He was unable to do anything further, since the actual name of neither Hearst, nor that of any of his publications, was used in the movie.

The second instance is that of Truman Capote's unfinished novel, Answered Prayers. This book was several years in the works, and the rumours began to fly that it was going to be a roman

[Gabe Vieira]

However, the character is inspired by the celebrity...

"Inspired" is the key word there. As long as the character was "inspired" by a real person, then you're good. When I wright stories, most of my characters are based on real people or other characters, and sometimes a combonation.

For example, the character of Grey Harrison from a story I have been working on for a LONG time was inspired by real-life men Duane Lee Chapman and David Beckham, and also by the character of James Ford from Lost.

[Dalton's Wendy]

Another circumstance comes to mind, WELSHCAT.

Let us suppose that a person "holds himself forth" as being someone other than whom he was born, in the sense that he takes on another name. Although he never in fact changes his legal name ("Name #1"), and continues to sign all documents, cheques, financial instruments, and personal covenants by his legal name (#1), he is, nevertheless, perceived by the public at large as being this other person ("Name #2"), and most of the public have no awareness whatsoever of the existence of the person by the name of Name #1.

If one were to publish a story, or an article, about the person who bears the name and characteristics of "Name #2", then the holder of "Name #2" (who is, as well the person mentioned in "Name #1") could very likely bring a successful suit against the author, notwithstanding the fact that his legal name is not Name #2.

I happen to know this to be fact, as I have experienced it first-hand.

There is a very large and nebulous area of the law concerning "public perception".

[Dalton's Wendy]

in a way that the celebrity in question, as well as anyone familiar with her, would probably recognise her instantly.

What kind of legal problems would be associated with this? Could the celebrity, or her representatives sue on the basis of some kind of infringement of trademark, personal or privacy rights, misappropriation of identity, or anything else related?

WELSHCAT, the more I read your original post in this thread, the more the thought occurs: you are writing about me -- you devil, you!

[Napoleon Solo]

Wasn't sure where to post this, but thought this might be the best place, seeing as everyone in this particular forum have undertaken some form of writing and must've thought about these issues before.

What happens if your lead character is based very strongly around a well-known celebrity? Let's say his or her name has been changed as well as other background details and characteristics. However, the character is inspired by the celebrity, and therefore the description of him, certain personality traits, habits and particular historical events from his life have been woven into the plot in a way that the celebrity in question, as well as anyone familiar with her, would probably recognise her instantly. It would be similar in the same way that, for example, the film "Primary Colors" was a thinly veiled allusion to President Clinton and his administration which no-one could fail to miss. However, let's say the story is more of a homage to the celebrity rather than a criticism of any sort.

What kind of legal problems would be associated with this?

To use a Bond example, the character of Willard Whyte was clearly based on Howard Hughes and nobody involved worried about getting sued. (Jimmy Dean, according to "Inside Diamonds Are Forever," was worried he might no longer do shows at Hughes-owned hotels, but that's a different matter.)

[WC]

in a way that the celebrity in question, as well as anyone familiar with her, would probably recognise her instantly.

What kind of legal problems would be associated with this? Could the celebrity, or her representatives sue on the basis of some kind of infringement of trademark, personal or privacy rights, misappropriation of identity, or anything else related?

WELSHCAT, the more I read your original post in this thread, the more the thought occurs: you are writing about me -- you devil, you!

Lol. Caught in the act!

Actually, I meant to write him/her - I started out that way, but then as I was trying to think through the legal issues, I forgot what I wrote originally, started writing him for a few sentences, then ended up with [her] at the end.

[Dalton's Wendy]

To use a Bond example, the character of Willard Whyte was clearly based on Howard Hughes and nobody involved worried about getting sued.

Certainly; no problem there whatsoever. Exactly as Orson Welles was not concerned by the possibility of being sued by William Randolph Hearst. As long as no specific name is mentioned, there can be no case.

Hearst had all the money in the world, and the ability to retain the best lawyers. If they could not make a case against Welles, then no one could.

Larger-than-life figures such as Hughes and Hearst tend to become somewhat public domain, to a certain extent.

[Dalton's Wendy]

in a way that the celebrity in question, as well as anyone familiar with her, would probably recognise her instantly.

What kind of legal problems would be associated with this? Could the celebrity, or her representatives sue on the basis of some kind of infringement of trademark, personal or privacy rights, misappropriation of identity, or anything else related?

WELSHCAT, the more I read your original post in this thread, the more the thought occurs: you are writing about me -- you devil, you!

Lol. Caught in the act!

Actually, I meant to write him/her - I started out that way, but then as I was trying to think through the legal issues, I forgot what I wrote originally, started writing him for a few sentences, then ended up with [her] at the end.

Freudian slip, WELSHCAT, dear?