How to fix a character so I don't get sued

[buyjupiter]

I have a character who's my MC's husband that behaviorally resembles someone I used to know. (For clarity's sake I'll refer to this person as Sam).

The reason I need to change the husband, at least a bit, is because the way he is now is not and would not be seen as flattering by Sam.

As my MC's husband is right now: salt of the earth guy, hides important stuff from his wife (like mortgage going into default kind of important stuff), he's really stubborn, and he believes in strict gender roles despite his wife's unhappiness in them. He has no patience for her issues with her family, and disrespects her boundaries she's set around dealing with her family. As of right now, his only redeeming quality is the way he loves his kid and in his own way loves his wife.

I don't know that any of his current behaviors are really all that important to the narrative, they just seemed authentic to the character. I suppose I could just cut him out and deal with it that way, but there are a couple of spots where I need him to get the MC to act instead of being passive.

Am I being too sensitive to this issue just because I'm writing/publishing under my legal name and my name isn't common and Sam reads a ton of genre fiction? I don't want to get sued for defamation of character, even though I wasn't specifically writing the husband with Sam in mind.

Advice? Thoughts? Should I just scrap the thing and start fresh with whole new characters so I don't fall into this trap?

 

[teacup]

I don't know anything of the legal technicalities, but I don't think it would be a problem. Can somebody even sue someone for having a character similar to them?
If you're worried about it, just don't mention it, and if he reads it and asks, just tell him the truth. You didn't write it with him in mind.

 

[Ireth]

I don't know anything of the legal technicalities, but I don't think it would be a problem. Can somebody even sue someone for having a character similar to them?
If you're worried about it, just don't mention it, and if he reads it and asks, just tell him the truth. You didn't write it with him in mind.

Agreed. Isn't it common practice for disclaimers or the like to say, "This is a work of fiction. Any resemblance to real persons, either living or dead, is unintentional." ?

 

[teacup]

Agreed. Isn't it common practice for disclaimers or the like to say, "This is a work of fiction. Any resemblance to real persons, either living or dead, is unintentional." ?

That actually slipped my mind. As long as that's on there I really don't see a problem at all.

 

[buyjupiter]

There are the statements on the copyright page (these characters/incidents are entirely fictional, any resemblance is entirely coincidental, etc), but I don't know how much legal coverage they give creators--as in, if someone tried to sue how likely would it be that it'd get dismissed immediately vs. how much time and expense does the creator have to put in to get it dismissed. I suppose I should have asked that as well in the OP.

For reference, by "used to know" I mean that I am no longer in touch with this person and I have no intention of getting in touch with them. I am concerned that if I proceed with the character as is, the first thing I'd know of it being a problem is a lawsuit.

So I thought, rather than cause potential problems for myself, I could fix it while I'm revising. If he has to go, now is the time to do it.

 

[A. E. Lowan]

Jupiter, just don't use his name and you'll be fine. You think your character is like your friend's husband... I think he sounds a lot like my father. It's all a matter of execution and interpretation. He, if he even reads your published work, may not recognize himself through your eyes at all. Don't sweat it.

 

[psychotick]

Hi,

You'reassuming that this person if he even knew about the book and read it would assume it's about him. The chances are that he wouldn't. But with all your other characters there will be hundreds or thousands of people who will think - that sounds like me!

As long as there's no obvious biographical or personal detail that squarely identifies the inspiration for the character as so and so - eg he's the first black president of the US, you should be safe.

Cheers, Greg.

 

[Caged Maiden]

Okay.. I thinl you may be over-cautions on this matter. I'll tell you about my own situation...

I did a photo shoot. I made costumes for some friends, shot photos of them "in character" and wrote a story about fictional characters. Because their faces are on the graphic novel and because they are my friends... I considered changing the rather flighty, flirtatious nature of one of the characters out because I don't mean to imply that's how I view my friend. Because, I don't. But it's the character and I like it. I think you are plenty steps removed from this person to worry they'll make the connection.

In one novel, where a character dislikes her parents because they were horrible people... I worried that it might seem I held some of her reasoning... which unfortunately wouldn't be far off in certain instances.... But I know it isn't how I feel and it was a background for a particular character, one that's completely common.

I hope you can just find a way to feel okay with your work and move on in a confident way. It sounds like that particular set of values isn't anything unusual. In fact, I probably have a dozen friends I could fit into that husband's mold... so I wouldn't worry.

 

[Mythopoet]

Agreed. Isn't it common practice for disclaimers or the like to say, "This is a work of fiction. Any resemblance to real persons, either living or dead, is unintentional." ?

The problem seems to be, however, that the resemblance IS intentional, or at least conscious.

But I'm pretty sure there have to be some specific, concrete details that tie the character to the person for this to be a problem.

 

[TWErvin2]

The problem seems to be, however, that the resemblance IS intentional, or at least conscious.

Yes, this seems to be the issue, and simply putting a disclaimer at the beginning of the novel isn't going mean much.

Make him your own character. Add other traits not in common with the individual of concern. They don't have to be pivotal, but work them into the storyline. Then the character is your own creation and not a fictional representation that could be mistaken for someone you know.

 

[Bansidhe]

Writers draw from people they know (or know of) all the time (so do actors). Even if this "Sam" strongly suspects you've used him as inspiration (even when you haven't), and is insulted by it, this doesn't constitute as legal recourse. It's called "creative license". (Otherwise Keith Richards could have sued Johnny Depp and Disney for Jack Sparrow). As long as your character doesn't share a name or similar-sounding name with "Sam", I'd say you're okay, legal-wise.

However, that doesn't cover you on the personal front. If you have a close association with "Sam" you may want to alter one or two minor details that aren't story centric.

 

[buyjupiter]

The problem seems to be, however, that the resemblance IS intentional, or at least conscious.

But I'm pretty sure there have to be some specific, concrete details that tie the character to the person for this to be a problem.

I worry that it may seem that it was intentional. It wasn't a conscious decision to write about the person.

I didn't realize that my MC's husband was familiar until the read through months after I finished the piece. And immediately upon re-reading it I realized that I'd used a past experience as the basis of a character and had a big issue on my hands. Normally I realize where I'm going to have to go and fix things, so this was a surprise.

There are specific combinations of gestures, diction, responses to conflict, belief systems, etc that are unique to each individual and I've used many of his. I can try to change as many of those as possible and see if that alters my perception of the character.

 

[Malik]

I've said this before, but the best advice on this comes from Anne LaMott: Give the character a really small penis. Like a robin's egg in a nest.

No one will never, in a million years, come after you claiming the character was based on them.

 

[A. E. Lowan]

I've said this before, but the best advice on this comes from Anne LaMott: Give the character a really small penis. Like a robin's egg in a nest.

No one will never, in a million years, come after you claiming the character was based on them.

This is too awesome for words. /bow

 

[buyjupiter]

I've said this before, but the best advice on this comes from Anne LaMott: Give the character a really small penis. Like a robin's egg in a nest.

No one will never, in a million years, come after you claiming the character was based on them.

Now I just have to figure a way of working that into the story.

 

[A. E. Lowan]

I've said this before, but the best advice on this comes from Anne LaMott: Give the character a really small penis. Like a robin's egg in a nest.

No one will never, in a million years, come after you claiming the character was based on them.

We have a very good friend who has begged, pleaded, and cajoled his way into having a character based on himself in one of our books. Now I know what to threaten him with if he gets out of hand.

 

[Penpilot]

I agree that it really shouldn't be a problem. Most people see themselves in the positive, so I doubt they'd make the connection if they read it. Not a legal expert, but if there's no way for anyone else to make the solid concrete 100% connection that the character is Sam, then there's no harm to him, and no liable.

 

[Nagash]

Here is something you ought to read to relax a little : Libel in Fiction | Copylaw

Basically, if your character resembles vaguely - i.e. is loosely based - on your friend, this shouldn't be much of a trouble, since his legal claim for defamation wouldn't be considered seriously.

The rest of the article is downright pessimistic - past the two first paragraphs - but makes the point that if there is one very concrete difference (skin color, ethnicity, what have you...) between the two characters, it might go a long way in avoiding legal nonsense.

Besides, the legal issue, isn't wether Sam can recognize himself in your character, but if a third party who doesn't know any of the interested, can see a strong resemblance between the two characters (both real and fiction) upon hearing their respective description.

 

[Legendary Sidekick]

I think it may be a common practice to base characters (partially/loosely) on real-life people. I once gave a character the personality of a very good friend of mine. The reason: I wanted him to be likable. It was the first time I killed off one of the good guys, and I wanted him to look just as much a major character as those who ended us joining the MC as permanent allies.

Maybe it was a beginner-ish tactic, but it seemed like a good idea at the time.

Anyway, as others have said, you shouldn't fear a lawsuit. Unless you made it known that your character is based on Sam, and unless the character's name is "Sam," "Samson" or "Sal," Sam will likely be unaware that the jerk in your story is so much like him.

 

[MVV]

First, I agree with most people here that it shouldn't be a legal problem. This is what writers do. If you want an authentic character, it's a very good way to obtain one.

Yet, if you want to blur this and make your MC's oppressive husband less similiar to Sam, use also characteristics that are different or opposite to those of Sam. Does Sam smoke? Make the husband a non-smoker. Is he a big man? Make the husband a tiny man. It's quite simple, I think... just don't be to anxious because of that.