Real people, parallel worlds and legal/moral issues

[Ankari]

I would use the real school but fictional characters. If you do it right, you could create a Da Vinci effect. Ask your niece for any legends or rumors about the school. Since kids have a limited memory, ask so tenured teachers the same. Walk the school and try to identify great areas that can be twisted to enhance your story. Kids in the school should love that kind of stuff.

 

[BWFoster78]

How much do I need to change the characters? Will simply changing the name be enough?

 

[Ankari]

How much do I need to change the characters? Will simply changing the name be enough?

I would change names and a few physical characteristics. You can keep the personality. After all, many people don't see the flaws of their own character flaws. Changing the physical description should be enough.

 

[Steerpike]

How much do I need to change the characters? Will simply changing the name be enough?

There are a number of potential legal issues that come into play, but a fairly constant standard is that the character you are dealing with would have to be recognizable as being the person in question. Changing a name may not be sufficient if you are dealing with a well-known, highly recognizable person such that anyone can figure out who it is. For people who aren't famous, changing the name may well be sufficient.

Also, keep in mind that there are certain protections for parody and satire, and if you are dealing with a public figure they'll have a very hard time winning a defamation case because the standard is normally very high.

 

[BWFoster78]

I don't think I'm worried about winning a suit as much as trying to prevent one in the first place. It's probably stupid, but I'm envisioning two nightmare scenarios (though I think both are fairly improbably).

Scenario 1: Niece's friends parents think - This guy is making money off something that features my daughter. Let me sue and see if I can get some of the money.

Scenario 2: School principal/administrator thinks - This student is planning a mass murder at the school. Let me expel her. (To be clear, all the murders in the book are committed by a supernatural force which the students are fighting).

 

[Jess A]

Ultimately, if you're unsure, seek the opinion of a lawyer in your area. In Australia, the only state where a deceased person can be defamed is Tasmania. They must be living in all other states. However, there may be a case for defamation (in Australia) if a living person is associated with the wrongdoings (for example) of the dead.

Defamation in Australia generally revolves around a loss of reputation. Causing people to shun, ridicule them. Loss of reputation. Able to identify the plaintiff, even if not specifically named. As someone mentioned above, you're fairly unlikely to have a case placed against you, but you always want to know how to defend yourself if it ever came to that.

I've seen a lot of deceased, famous people in fiction.

Where it comes to living celebrities,

The problem these days is if you publish your book and make it available in California, you may be subject to jurisdiction there even if you don't live there.

And there's the Internet to consider, too; there could be an issue with publication in other jurisdictions.

 

[Jess A]

How much do I need to change the characters? Will simply changing the name be enough?

In Australia, simply changing the name may not be a defence against defamation. If you can reasonably identify the person through, for example, the school's name, certain characteristics (ethnicity, gender, religion -- anything that makes them identifiable), and you defame them somehow, then that's an issue. As Steerpike said, it's unlikely a non-famous person will be so easily identified, but I would seriously change more than just the name.

Quite frankly I wouldn't use the real school, either. This is, to me, what makes it so risky - imagine having the school and city name, then having a character based on the current principal with lots of easily identifiable characteristics. Then you set about making that principal the villain, even though it's not true, and he or she loses reputation amongst the students who read the book. Even if defamation never becomes an issue, ethically I would see that as being wrong. Just an example, mind you. Why not make up a school? You can keep the city, but change the school name, change its motto and mascot (etc).

 

[BWFoster78]

In Australia, simply changing the name may not be a defence against defamation. If you can reasonably identify the person through, for example, the school's name, certain characteristics (ethnicity, gender, religion -- anything that makes them identifiable), and you defame them somehow, then that's an issue. As Steerpike said, it's unlikely a non-famous person will be so easily identified, but I would seriously change more than just the name.

Quite frankly I wouldn't use the real school, either. This is, to me, what makes it so risky - imagine having the school and city name, then having a character based on the current principal with lots of easily identifiable characteristics. Then you set about making that principal the villain, even though it's not true, and he or she loses reputation amongst the students who read the book. Even if defamation never becomes an issue, ethically I would see that as being wrong. Just an example, mind you. Why not make up a school? You can keep the city, but change the school name, change its motto and mascot (etc).

That's probably a good idea. Thanks!

 

[Amanita]

Part of the concept is to kill off characters based on her friends in fun and creative ways.

Did the friends consent to this? If not, I'd consider this morally highly problematic, legal qualms put completely aside.
If someone I know wrote story about me or someone a lot like me being murdered, I'd probably be extremely disturbed. Especially if it's considered a "fun" thing. Might have to do with my taking the deaths of even completely fictional people way more seriously than many, but still something to consider.
If it's a game she's been playing with her friends or something and they don't mind, that's no problem of course.

 

[BWFoster78]

Did the friends consent to this? If not, I'd consider this morally highly problematic, legal qualms put completely aside.
If someone I know wrote story about me or someone a lot like me being murdered, I'd probably be extremely disturbed. Especially if it's considered a "fun" thing. Might have to do with my taking the deaths of even completely fictional people way more seriously than many, but still something to consider.
If it's a game she's been playing with her friends or something and they don't mind, that's no problem of course.

I think that her friends are okay with the concept.

 

[brokethepoint]

See that is why I have not started my one novel, it just wouldn't work as well without the use of famous people. But if I can use dead famous people, oh I can make that work.