first novel question - Writers Forum

subway · 04-18-2006, 07:55 PM

I recently began my first attempt at a novel. It's a combination murder mystery and current events "faction." (Am I the only one who dislikes that term?) In other words, I'm killing off a moderately well known public figure. (no, NOT Dubya....). Because the victim is a real person, and I'm trying to make the story as believable as possible, there is a good amount of research involved.

I have an unusual goal as far as judging whether or not I've been successful. If the real person, who happens to be the victim, read the book the week before the murder was to take place, I'd want him to be overwhelmed and distraught. The exacting details of his life, combined with the well thought out method of assassination should be enough for him to request 24hr protection in a high security facility until the execution date has passed. I want my main character’s (the killer’s) motivation to be easily understood, if not universally shared.

I began like many others; writing complete (short) chapters in two hour long spurts of activity. When I had about ten solid chapters (+/- 50 pages) done in the first month, I thought I was on track toward a completed first draft by the start of summer. But like so many others, I had written myself into a box; my lack of planning prior to actual writing had allowed me to make a few critical errors; both at the ‘big picture’ level and at the very detailed level.

One good thing to come out of that early failure; I’ve decided to remain in the world of non-fiction to the last possible moment. Every geographic detail, every bit of history or current news, absolutely everything will ring true right up until the moment that I (yeah, I admit it, the assassin character is *me*) pull the trigger. If nothing else, remaining in the non-fiction realm relieves me of countless decisions. I no longer have to decide what color hair someone has, or what kind of car he drives; in all cases I will be reporting actual facts, not “making up a story.”

The only real downside to this adherence to ‘just the facts, ma’am’ is that I am sometimes forced to wait for real life to catch up to my writing. I want the assassination to take place at a real upcoming event, but the location of that particular event will not be announced for quite some time, yet. Not having any clue in what city the murder will occur certainly limits how much progress I can make while awaiting this information.

And that finally brings me to my question. For a variety of reasons, including those beyond my control (like the pending event location announcement), I’ve switched to a non-linear writing style. I am no longer attempting to start at the beginning and write in chronological order on through to the conclusion. The completed novel may or may not jump back and forth in time, I haven’t decided that yet. But I now split my time between research and actual writing, and the writing could be anywhere from the 1st page to the ending. I’m hoping that with very well thought out planning, I can get away with writing dozens of short, seemingly independent chapters in no particular order. But once all of the necessary plot points have been covered, I’m hoping to edit this collection of chapters into a cogent story. Hopefully without too much required re-write.

Is this another dumb beginner’s mistake? Or can this method actually work? I guess that I’m more interested in learning if this method HAS actually worked for anyone?

Thank you.

K-P · 04-18-2006, 08:04 PM

Is it legal to publish a novel featuring the fictionalized death of a living person, public figure or otherwise?

mammamaia · 04-18-2006, 08:24 PM

sure, it's legal, kp, but you can still be sued, if the party you've targeted takes exception to you having him taken out!

that said, in these over-paranoid days of the patriot act, i wouldn't advise trying this with a politician or other gummint type!... constitution or not, bushlet's given his blessing to have our first amendment rights curtailed at will...

subway... i don't have any thoughts one way or t'other on your method, since virtually anything will work if it works, if you catch my drift...

subway · 04-18-2006, 09:27 PM

sure, it's legal, kp, but you can still be sued, if the party you've targeted takes exception to you having him taken out!

Not according to my preliminary research. You or I could sue, but a VERY well known public figure is just that, a public figure, and they are not able to limit creative/satirical works. I'm going to confirm this with a real publishing industry lawyer, but so far a major newspaper journalist and a film industry attorney have both said I'm OK. (my neighbors) FWIW

Any comments about writing 'out of order'? I know final novels are often presented with a story that bounces back and forth, but do authors actually write in such a non-linear fashion?

CZ · 04-18-2006, 10:47 PM

You shouldn't have a problem because you're writing about a public figure and you can argue that it's a fictional work. You should be more careful about any private or limited public figures if any appear in your work.

It's good you're talking to a lawyer. If folks give you any trouble, remember not to bend over backward to accomodate them... I think in this day and age (M. Maia touched upon this as well), there's a ton of paranoia. The job of all of us is not to give in... so know your rights.

http://www.thefirstamendment.org/ is a good site to peruse as well... the director is a really nice guy with a ton of experience, always fun listening to his experiences and knowledge.

Good luck, subway.

FrankBlissett · 04-19-2006, 03:37 PM

Quote:

You or I could sue, but a VERY well known public figure is just that, a public figure, and they are not able to limit creative/satirical works.

Sorry to burst your bubble, but technically they can still sue you. Even if their chance of winning is slim due to being a public figure, they can still sue and cost you large legal fees and tie up publication for a spell. On the plus side, such a suit can be good publicity.

Quote:

If the real person, who happens to be the victim, read the book the week before the murder was to take place, I'd want him to be overwhelmed and distraught.

On this point, I'm wondering even wondering if it can rise to the level of being considered a "threat". While I wouldn't be too worried about a suit from the person in question, this issue is one that you may want to discuss with a lawyer.

Hmm - on the other hand, if you end up being picked up by a publisher, I'd say "screw it - let their lawyers decide."

-Frank

FrankBlissett · 04-19-2006, 03:47 PM

Quote:

Not having any clue in what city the murder will occur certainly limits how much progress I can make while awaiting this information.

With respect to this problem, there is a work-around (which I'm sure you're using already). For instance, despite the lack of a specific location we do know some generalities. ie There will likely be people meeting in confrence rooms, talking at lecturns in front of crowds, media Q&A sessions, hotel rooms, airports. When you do conclude your action, you likely will not be mentioning the city name etc in every paragraph.

Quote:

Im hoping that with very well thought out planning, I can get away with writing dozens of short, seemingly independent chapters

Sure it can work - it's not an uncommon technique. If it works for your temperment, then that'll be what tells you.

-Frank

subway · 04-19-2006, 04:43 PM

OK, I'll just admit that this thread has morphed into a 1st amendment topic. I found this on a website dedicated to 1st amendment legal questions:

Generally speaking, if there are no copyright issues and no libelous statements (false statements of fact, opinions are fine) such a [writing] is protected speech. Even advocacy of violence is protected by the First Amendment, as long as the site does not aid and abet such violence (for example, suggesting a person should be beaten and then providing their address could be seen as a threat or assisting a would-be attacker). But merely advocating the idea in the abstract that someone should be beaten is considered protected speech.

While I can't argue that in this great country that someone could file a lawsuit (filing a lawsuit is just about as easy as having a grand jury get an indictment....), the suit would be quickly viewed as wholly without merit and might even open them up to a countersuit to recover my costs expended defending against such a frivolous case. But in any event, the only way that the 'victim' would even consider filing a suit would be if the book was published, and in that case, as others have noted, I'll let my publisher's legal team deliver an ass whuppin on this pitiful public figure.

BUT... as mentioned elsewhere on that 1st amendment site, the 1st amendment is a uniquely American statute, and it doesn't apply elsewhere. In other words, I'll need to look out for process servers (subpoenas) in Honduras when the foreign language editions are published. However, back here in the ol' USofA, I seem to have the law on my side.

Mike C · 04-19-2006, 05:07 PM

Depending on what you write, they can sue your ass off. No question. If you kill them off, no problem. If you kill them off because, say, they're crooked, or a paedophile, or have affairs, in fact if you defame or misrepresent them in any way, you can expect a front row seat in a nice warm court room.

It's fiction - why should you have to rely on real people? Make them up, and make them real.

mammamaia · 04-19-2006, 06:50 PM

exactly!... and, if you kill them off in your novel and then someone does it for real, in the same or a similar way, or for similar reason, you can also find yourself hauled into court on a 'wrongful death' suit, on the grounds that your book caused or influenced the perp to commit the crime...

fyi, i killed off my deserving now ex/late-2nd husband in a novel... but i changed all the names to protect the guilty [and myself from being sued!]

subway · 04-19-2006, 07:45 PM

I guess I'm looking at this differently. Instead of changing things around to avoid getting sued, I'm writing a non-fiction book until the point where the trigger is pulled. Every bit of info about the public figure is / will be documented fact; how can I be sued for writing nothing but well established, documented facts?

And if I'm going to worry about somebody using my book as a "how to", then every TV show, murder mystery and Hollywood film that every included a murder scene should be pulled from the shelves before somebody uses one of them for instructions on how to kill. If it ever gets that silly, my next book will be titled "lets kill the lawyers....."

bob rulz · 04-20-2006, 03:28 AM

Quote:

Originally Posted by subway

I guess I'm looking at this differently. Instead of changing things around to avoid getting sued, I'm writing a non-fiction book until the point where the trigger is pulled. Every bit of info about the public figure is / will be documented fact; how can I be sued for writing nothing but well established, documented facts?

And if I'm going to worry about somebody using my book as a "how to", then every TV show, murder mystery and Hollywood film that every included a murder scene should be pulled from the shelves before somebody uses one of them for instructions on how to kill. If it ever gets that silly, my next book will be titled "lets kill the lawyers....."

The difference between this and a TV show or movie is is that TV shows and movies always portray a fictional politician or popular figure or whatever, unless it's a comedy. While the idea sounds intriguing, there's usually a good reason for people not using real people in their works. It can have unprecedented consequences. While it's certainly legal to publish something like this, you never know what could happen because of it. I think it would just be better to avoid using a real politician (or whatever kind of person it is) as the person who gets assassinated.

CZ · 04-20-2006, 04:13 AM

Quote:

Originally Posted by subway

I'm writing a non-fiction book until the point where the trigger is pulled. Every bit of info about the public figure is / will be documented fact; how can I be sued for writing nothing but well established, documented facts?

Er, you may run into problems there.

No, you can't be sued for publishing documented facts about a public figure - truth is the best defense against libel - but the assassination is going to be fictional.

Your book is going to blur the lines a little between fiction and reality, thereby not making it clearly fiction or nonfiction. You may have some issues there, mostly relating to the publisher's attitude: will they stick out their necks or pass on the risk?

Let us know if you talk to a lawyer and what he/she says though. I'm curious about the outcome and hope there won't be any legal roadblocks for you - it sounds like an interesting project.

FrankBlissett · 04-20-2006, 12:28 PM

Quote:

how can I be sued for writing nothing but well established, documented facts?

Here's how:

He hires his lawyres to file a frivilous claim of lible.
You go to a lawyer to challenge the lawsuit, who say "No problem - that'll be $100."
Your lawyer asks the suit to be dropped - and charges you $50 more.
His lawyers will claim to have proof of lible and the court will tell you "He's got a right to try and prove it."
You consult your lawyer - another $100.
Then court date - $200.

The case is dropped.

Then you get a notice that he's filed for a restraining order.

You consult your lawyer ... etc.

At the same time, he (if he's the big-wig you say) calls the FBI and his congressman, asking to look into it - just to "make sure" that it's not for real. They file subpeonas and such to look at your research.

You consult your lawyer ... etc.

Even if he comes out on the losing end of all of these and any others his lawyers can think of, your bank account will lose out too. (Though it would be great publicity!) Look at the Skilling (Enron) case. He invested in his girlfriends business. "How much?" "Just some spare cash - about $60,000." (actually it was ~$180,000 FYI) I'm sure someone like that could afford a half-way decent lawyer to wage so-called "paper terrorism" on you if he was so inclined.

-Frank

subway · 04-20-2006, 02:14 PM

You consult your lawyer ... etc.

Even if he comes out on the losing end of all of these and any others his lawyers can think of, your bank account will lose out too. (Though it would be great publicity!) Look at the Skilling (Enron) case. He invested in his girlfriends business. "How much?" "Just some spare cash - about $60,000." (actually it was ~$180,000 FYI) I'm sure someone like that could afford a half-way decent lawyer to wage so-called "paper terrorism" on you if he was so inclined.

-Frank[/quote]

But as I've stated a few times now, the only way it would reach that point would be if the novel has been PUBLISHED (I'm not a DIY kind of guy) by a publisher, who then assumes responsibility for these kinds of pesky problems. I'll be sure to only submit to publishers who have legal teams that can stomp my victim's lawyer.

Also, to the replies that keep suggesting that I make the victim a fictional character, the only reason that this book is being written is in response to the lies, deceptions and cowardly acts of the real life individual. Others have wasted precious hours replying in kind, but I prefer not to wallow around at that subhuman level. I prefer to just kill him dead, on paper anyway.