I dont know how to contact him to ask. Im not using his real name; just what he looks like and his personality.
2006-07-09 11:36:51 · 24 answers · asked by Bunnygirl24 3 in Arts & Humanities ➔ Books & Authors
In "Bird by Bird," writer Anne Lamott says that when you base a character on a real person, give him a small, ahem, member. That way, he'll never admit that the character is based on him, and you're in the clear.
2006-07-09 12:47:06 · answer #1 · answered by Buddy 2 · 0⤊ 0⤋
The way you have asked this question suggests you are writing fiction.
It would be simplest to change the name, even if it is obvious to the reader that he character is a bit (only!) like a real person.
It also depends a bit on who you are writing about. If your refer in passing to Tony Blair, I doubt if it would be worth contacting him. If it is a more local person, or one in a specific field, it might be wise. But what do you do if they say "no", or ask for royalties, or wish to edit what you have written?
If you refer to a real person, you risk legal action if your book is libellous or otherwise prejudicial to the person's interests. Even if you win, libel actions are expensive and you will not get legal aid.
A publisher will advise you of such matters, but as they are aware of the risks your novel is less likely to be accepted (remembering that publishers have more than enough to choose from) if you write about real people. Of course, if your characters are based on real people you are duty-bound to tell any publisher to whom you offer your work.
2006-07-12 11:37:04 · answer #2 · answered by Philosophical Fred 4 · 0⤊ 0⤋
NO. However if your characterization may offend or cause somebody to think something untrue about the real person you may be letting yourself in for potential legal problems. The best way of getting around this is to make it next to impossible for anybody to red your character and from that identify the person upon whom the character is based. For example if you are writing about a president of the U.S. you don't name him "Jordan Shrub Jr" -- it is too obvious. Perhaps you can combine two different characters, so that your fictional one is NOT like any ONE living person.
2006-07-16 17:07:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Most characters in books, movies, TV shows resemble real life people. If you are using this person in such a way that he/she would be recognizable better get permission. If not then there is no permission required. Fiction is merely an interpretation of an event.
2006-07-09 18:43:24 · answer #4 · answered by Answergirl 5 · 0⤊ 0⤋
As a professional writer I can tell you the answer is yes. However, if you are able to get the book published your responsibility would be to inform the publisher and let them determine the best way to resolve the issue. Their legal department would be responsible for determining how to obtain legal permission or take precautions to avoid legal action.
On the other hand, until you reach a point where the book has been accepted for publication this is a non-issue.
2006-07-09 19:53:47 · answer #5 · answered by charmingchatty 4 · 0⤊ 0⤋
It depends...
Legally, you're fine!
But imagine if you opened up a book, started reading, and realized the main character was exactly like you and you didn't know.
If this is a close friend, relative, or even just an aquaintance, it would probably be flattering to them. But it sounds like you don't really know this person that well.
Here's an idea...Change one or two things about him. For example: Tall w/ brown hair to medium height w/dirty blonde hair. Or something like that.
2006-07-09 21:23:23 · answer #6 · answered by Smiles Like She Means It 4 · 0⤊ 0⤋
If this person is still alive and is recognizable in your book (it doesn't matter if you change the name) you could be liable if they didn't like the portrayal and decide to sue. You'd want to check with an attorney to make sure your idea is okay. Of course, you wouldn't have problems until publication, and I'd imagine your publisher would have something to say about the problem too.
2006-07-10 13:07:37 · answer #7 · answered by poohba 5 · 0⤊ 0⤋
Yes, unless you change names and make a clear comment that any name of character that matches with the real life is just coincidence.
2006-07-09 18:42:08 · answer #8 · answered by Breno 1 · 0⤊ 0⤋
If he is recognisable as a partuicular person then you would need is permission. If your reader cannot identify the real person from your character then you are OK.
2006-07-09 18:56:03 · answer #9 · answered by malcy 6 · 0⤊ 0⤋
Add some fictional details and quirks, and if he does accuse you, you can say he has no basis of arguement because your character has eye problems, whereas he doesn't. Legally, as long as you change the name, you don't need permission to use his personality.
2006-07-09 18:41:39 · answer #10 · answered by Dr. Psychosis 4 · 0⤊ 0⤋