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Hi all,
I have a question about the use of real people and their names in a fictional story.
Is it the normal practice to misspell names that belong to real people - I assume to then be able to have some 'plausible deniability'?
I noticed in a recent story that two well-known actresses names were used (amongst other names of real persons) and that these names were incorrectly spelled. I could accept one as just being a typo, the sort of error to which we are all prone, (it was "Jollie" as opposed to the correct "Jolie") but when the second came along even more mangled, then it made me wonder if this was something that it is generally 'to be done'.
So I just thought I would ask.
Thanks in advance.
Di.
Comments
If real people are actors
in the story, then technically they should be asked, I've used them a few times but as this is an amateur affair, I didn't ask them, were I publishing for sales I'd feel obliged to ask or change the names to something very different. I don't think changing one letter would protect against legal challenges from the individual were they to find out.
Where the people are mentioned in passing, almost as historical references then that is legitimate, such as 'Cathy saw the deprivation around her and cursed George Osborne for his cruel adherence to austerity measures' or, 'Obama's seeming desire to bomb Syria, did nothing to encourage Simon's enthusiasm to invest in things American.'
Angharad
Most grateful, Angharad
Thanks for this.
What you say makes complete sense and tallies 100% with my gut feelings.
For SCENE SETTING it seems to be a good thing to use real names.
For SCENE INVOLVEMENT it seems to be a bad thing to use without permission.
I guess the real person involved might get upset at the intellectual sloppiness if the author couldn't even be bothered to get the spelling right.
But then again, with my real name I have an unusual surname and frequently get mail with my name written incorrectly.
I have learnt to just ignore those letters.
It does, however, remind me of an incident with a company I worked for nearly 40 years ago.
The company name and address should have been:
Wiggins Teape Limited
nn Blahblah Road
Dartford
Kent
England.
Hats off to the British post office who delivered us a letter from Italy addressed to:
Wigginiteepoltol
Dratdrof
Inghilterra
A lot depends...
...upon whether the individuals involved are "public figures" or not, at least in the USA, since the libel and slander laws don't really apply if one is famous enough. This is why people can attack politicians with vicious lies (or vicious truths) with virtual impunity.
In general, it's a bad idea to attack any living real person in a story, since, for one thing, it's a violation of site policy. On the other hand, a character is free to claim that McDonald's french fries are the most delicious and healthful treat on Earth, much better than mere ambrosia and ordinary nectar.
On the other hand, saying bad things about any trademarked product is probably a bad idea. Look up McLibel on the Internet if you'd like to learn why.
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Cheers,
Puddin'
A tender heart is an asset to an editor: it helps us be ruthless in a tactful way.
--- The Chicago Manual of Style
I Think It Depends On Context
I don't think there is any problem if the name is used in a historical or real world context, e.g. Hitler, Churchill, as long as the acts depicted are also real world although you could attribute their actions to alternative historical situations.
However, if you are involving supposed real world characters or analogies of such in the fabric of your story then I think you must change them to protect both them and yourself. For instance, in one such story that I read recently, there was an actress called Angelina LaBelle, and other supposed Hollywood personalities. Now, you may surmise who was theoretically the model for this lady and the others, but that is all you may do...surmise, and this character acted in a way that would definitely not be attributable to any real-world actress, let alone the lady who you might tentatively identify as being the source for the story-character. I don't think it would be sufficient to merely mis-spell the name
That is why there is often a disclaimer along the lines of "This is a work of fiction and no similarity to any living person is inferred or intended",
Joanne
I'm rather glad you asked this...
...because I'd planned a scene in which my main character is a guest on The Tonight Show With Jay Leno. Now I don't know whether I should mention Leno or his show at all.
Livin' A Ragtime Life,
Rachel
well......
Oh I hear if him,
Ray Keeno and the "This Evening show" ?
Trademarks...
The Tonight Show is a trademark. In general you can't appropriate a trademark for your own purposes.
It's probably fine to have a character go out for burgers at the local McDonald's, but it you put spaghetti on the menu, you're quite likely violating their trademark.
Same with The Tonight Show. If you mention an actual show, and don't say anything nasty, that's probably fine, although I wouldn't quote any dialogue. It's when you put words into Jay Leno's mouth, or guests in his side chairs, that you play fast and loose with a very valuable "property" which *somebody* may be touchy about.
It's the same problem you'd encounter if you have The Beatles sing and record *your* song without paying them for the privilege. Don't quote their lyrics either. Those are copyright, and poems or song lyrics don't require many words at all before someone will object.
-
Cheers,
Puddin'
A tender heart is an asset to an editor: it helps us be ruthless in a tactful way.
--- The Chicago Manual of Style
Real People
I have used a number of real people in my books, most of whom were musicians. I have made my position very clear: the descriptions of performances are my own, of gigs I was present at. They may not have happened at exactly the time and place I have set them, but every single one is written with respect and admiration, which I believe is readily apparent.
There was also my description of the finishing stage of the Tour de France last year, which was taken directly from the television coverage. That, clearly, is 'fair comment' on real events.
The one real person I have described in a totally fictitious way was HM Elizabeth II, in 'Ride On', but I rather fancy that she is above such things, and I was very nice to her.
Less respectfully, in 'Uniforms', I had Melanis make a truly scathing reference to the failures of the Dutch peacekeepers when the Serbs butchered thousands of men and boys in Srebrenica before going on to rape, pillage and, of course, only then burn. Well, turns out the courts agree with Mel:
http://www.bbc.co.uk/news/world-europe-23986063
A thank you to all responders
Thanks everyone for replying, and I have learnt a lot.
And it appears that it was a timely question for at least one of us, so I am glad I asked it.
Upon deeper analysis of the origins of my question, I think now that it was just laziness on the part of the author concerned rather than a deliberate policy. The rest of her story shows much evidence of similar shoddiness, so I suspect that I originally may have jumped to a wrong conclusion.
But thanks to everyone for replying - it turns out, as I mentioned, that it was a useful question.
Enjoy your week.
Cheers
Di.