I'm seeking other writers' opinions on this topic. In my current story, and the previous one which both involve a fictional character Harriet who is making a name for herself on the British stage, I have added some characters who just might be based on real people but with names changed. Recently, Harriet obtained a role in one of the most famous companies in England who are based in Stratford, the home of Shakespeare. Maybe I am over-reacting, but after using their real name in a few chapters, I've decided to be cautious and changed it to the Imperial Shakespeare Company.
What do other writers feel about the use of real people interacting with fictional ones, and fictional characters working for real organisations? I've read books where real people are mixed in with the fictional, but they were all historical novels and the people concerned are long dead and not able to sue, which makes a difference.
I'd really like to know what other people think.
Bronwen
Comments
It all about the money
As long as you are not getting a financial benefit you can leave it as is -with the real name. However, if you are thinking of publishing the story for financial benefit you may want to consider said name changes.
Real organisations/places
even if you ARE getting a financial benefit - publishing books through professional publishers or making TV/films, using the names of real places and organisations is generally fine ... so long as, as has been said, you avoid using real people or events that happen there - unless they're historical; setting a story at the Audobon Ballroom at and around the time and events of Malcolm X's assassination would be okay.
I haven't read Stephen King's novel about the Kennedy assassination, but i'll guarantee it references lats of real people and events.
A friend of mine, the late Jack Chalker (writer of mostly SF) wrote a book titled The Devil's Voyage" a fictionalised version of the ill-fated last voyage of the USS Indianapolis (she was running dark and silent at night - involved in delivering the first atomic bomb to the base the Enola Gay took off from) and was sunk.
Anyway, her crew and a number of soldiers being sent somewhere wound up in the water - in the middle of a huge swarm of sharks.
Jack mentioned that his research had turned up the name of a captain of a destroyer who, during the eventual rescue operations, had reacted to an apparently false sonar detection of what he thought was a Japanese submarine ... and dropped a pattern of depth charges into the middle of a group of US sailors and soldiers in the water.
THAT guy got a medal or citation for his actions. The captain of another ship, who had saved numerous men, was prosecuted for disobeying standing orders (he ordered his ship fully lighted so that the survivors could see them coming in the night) and forced out of the Navy
Jack said he named the guy who had killed numerous of his own people in a panic and named his ship and described the event. And he said "...and I hope the bastard sues. I've got full documentation."
Depends on who and where
In the US, the bar is pretty high for public figures to sue on such use of their names. They can, but they have to prove real damages and not just that you made money off of using their names. For private individuals, the standards are different.
And in Europe, the whole thing has a different set of complications. Commonwealth countries are more like the US because US laws are based on English Common Law. The UK has European complications added to the Common Law structure.
Still, I am not a lawyer and cannot give legal advice.
I keep using towns named Perdition and Los Perdidos in my fiction because they don't exist. :)
Hugs,
Erin
= Give everyone the benefit of the doubt because certainty is a fragile thing that can be shattered by one overlooked fact.
Tanya Allan...
...may have used the name of just about every spy organization in the U.S. and Europe by now (in stories set in the present or recent past), and she's publishing books online. Some of her agencies have included double agents or traitors. (She's in the U.K., of course.)
More generally, I'd say that an awful lot of paperback suspense novels do the same.
So it certainly sounds safe, even if/when you publish them for profit.
(IIRC, you're in Australia; I'm certainly not conversant with laws there. I don't know whether that matters, if the books are e-published in other jurisdictions,)
Eric
IANAL but
as long as you don't mention real people who work for this organisations (and are still alive) and don't slag them off you should be ok.
I've used real places and orgs in my stories but the people inside them are a work of fiction.
Using people who are dead as characters in a work of fiction is generally ok but once again, don't slag them off. If you use published evidence about people and places, be truthful to that evidence and cite your references.
How do you use real people/places/events in something like and alternative history. The sort of 'what would have happened if this actually took place?'
You can say however that your work is a piece of fiction based upon that question right at the start. Then no one could accuse you of bringing the reputation of a real person into disrepute.
I find using real people/places/orgs as references in a story make the whole thing more believable. So saying that someone auditioned for a part in the 'Scottish Play' at the RSC in Stratford is ok. There is no way that anyone can mistake that for a slight on the RSC. What you describe happens in real life.
If you use (for example) the wanton sexual behaviout of a stage manager of a theatre company then that may cross the line. So set the location as somewhere that does not have a theatre and then no confustion can take place.
IANAL but those are my guidelines.
Samantha
Many published books
carry a disclaimer that any resemblance to people alive or dead is purely accidental or coincidental. I've been doing that with Bike for probably a couple of years. It might protect in the event of a claim, I don't know, but it can't hurt. I also try to mention real people in positive or neutral terms unless I'm referring to known facts about them.
Angharad
Not Sure
I think that with a private, not-very-well-known organization, one should probably use something fictional. I think there are three possibilities rather than just two: use the actual name, use a name sufficiently alike that it clearly stands for the actual person or organization, and create a fictional character or organization with its own name. Actual humans should probably only be used for their historical position.
It's perfectly fine to use CIA, NSA, FBI and certain other famous TLAs, and feature them in the story.
In a story of mine, I was using an organization at one time somewhat famous for teenage discipline. Fairly late in the writing, I decided to change it to an expy, called "Firmlove". I don't know how many readers recognized the reference.
Another novel that I began long ago, but never finished, had a US President named "Robert Patrickson". If I ever finish that novel, I'm going to change it so it's not so blatant.
-- Daphne Xu (a page of contents)
I always use real places ...
... as I think it lends authenticity to a story. I think I would probably try to avoid using living characters who might be identifiable, but it really depends on the type of fiction you are writing.
Louise
You see dozens of novels that
You see dozens of novels that feature fictional people working for real government agencies, organizations, public services. A large chunk of television and movies would not exist if people could not write about those organizations in any form.
For something like the group Harriet is employed with as long as you portray the group in a positive light and any troubles for Harriet is only with individuals and not the actual organization you should have no fear that you are doing something wrong. When in doubt, keep it positive. It is hard to deny that there are going to be bigots employed but showing them as supporting or enforcing the rules of law even if they have their own doubts it is the only thing you can do.
Regarding real life people, that's a tossup. Politicians are fair game but people like actors and actresses are probably best left in the "in a positive light" category. Mainly you could feature them but only in a positive light. But for deceased actors and actresses, if their bad behavior is documented and known then it should be fair game since it's in the open.
I'm told STFU more times in a day than most people get told in a lifetime
I do not think you have a problem
I do not think you have a problem using the RSC for Harriet's play. I have not looked, but I am sure you are not the first author to use the RSC as a place for a fictional person to appear in a work of fiction there. Harriet could appear in a play at the Globe Theatre. it would still not matter as it is clearly a work of fiction and you are not claiming it to be a true story.
Maybe it is different in America, but for example: think of the number of stories set in the Armed forces or Police forces of the US. If it was a problem half the shows on US tv would be being sued!
Makes it less realistic
To me, it's not the threat of being sued that's the problem, I simply find that flicks into real life intrude on the fictional story. OK, it's fine using terms in common usage like the RSC, or going out for a MacDonalds, but when it comes to talking about more specific things, the mind jumps from the fictional story you've created into reality trying to work out who the writer is referring to.
Far from making the story more realistic, you're emphasising the difference between your fictional world and reality.
Not A Problem
As long as the people you use are fictitious. You may say she worked for the BBC (for instance). As long as you're not using it for personal profit and not naming real names, then no problem.
i'll
be up pooh stream big style if any of the real people/organisations read Gaby!
Madeline Anafrid Bell
Malice
Unless a person or organization was willing to claim that your usage was biased against them or done with malicious intent I do not see a problem. My understanding is that when anyone writes about a public figure or business the complainant has to prove malicious intent on the part of the author.
Everything that I see written could easily be considered fan-fiction. This protects many authors who write about celebrities and film characters. As to doing so for profit, is your story actually profiting from the association? To my mind, Harriet is the key to your story, and her position in the RSC is only a milestone in her career.
waif
Be kind to those who are unkind, tolerant toward those who treat you with intolerance, loving to those who withhold their love, and always smile through the pains of life.
Real places...
I like to include real places and people occasionally in stories because I think it helps the reader connect with the characters and helps humanize them. If a character goes to lunch at Whataburger and the reader has eaten there too, there's instant recognition and a connection between the reader and characters. Using trademarks in your story isn't forbidden, but the trademark owners want you to respect their marks as in proper case and usage i.e. don't use "kleenix" when you mean a generic tissue.
Melanie
Also...
Many trademarks are adjectives, not nouns. So "a box of Kleenex tissue" not "a box of Kleenex." Coca Cola has given up on this one; Coke is a noun. :) So are most car brands because no one is going to say "a Jeep four-wheel drive motorcar." LOL
Hugs,
Erin
= Give everyone the benefit of the doubt because certainty is a fragile thing that can be shattered by one overlooked fact.
Public figures are public
You know I use real business names, but my nameless Colorado clinic isn't there anymore. And I used fictitious names, just in case. What restaurant hates good free publicity ?
If James Smith was an actor in the RSC and Harriet had interaction with him as an actress, it's okay, but if she had sex with him or you had him doing something outside of the RSC that was off-color, that's no good.
You should be okay Bron, otherwise, I'll have Vinny talk with them .
Karen