Need advice, non-fictional characters in fictional work - Writers Forum

kenewbie · 11-06-2006, 04:48 AM

I am currently writing, in the lack of a better word, the "base" of a story. It's form is somewhere between a novel and a script, since I at this point am not sure if I want it to be a screenplay, a book or a comic script.

Anyway, to the point. The base plot of this story revolves around the assassination of some noteable real-life persons. Some of these people are high profile, others or not (but equally alive and actual people).

"Can I do this?" Can I use actual names and living people and have them assassinated in a work of fiction?

Thoughts on this would be greatly appreciated.

k

Omnisu · 11-06-2006, 06:03 AM

If they are public figures, yes. For example, John F Kennedey is not copyrighted, and that day in Dallas shows up in all sorts of things from Seinfeld to Red Dwarf.

You may have an issue if the person is still alive. No one likes reading about themselves being shot. And if it happens to be a living American president, understand that threatening the president is technically treason, and having him shot would be in very bad taste.

kenewbie · 11-06-2006, 06:25 AM

Quote:

Originally Posted by Omnisu

You may have an issue if the person is still alive. No one likes reading about themselves being shot. And if it happens to be a living American president, understand that threatening the president is technically treason, and having him shot would be in very bad taste.

I should count my blessings then, seeing as I am not american they would be hard pressed charging me with treason

While not presidents, the people in question are public figures (and one not so public) but very much still alive. I have been thinking about this for a few days now and something does not sit right with using actual names. I think you sum it up nicely with "having him shot would be in very bad taste". On the other hand I feel like I am missing a lot of realism by altering the names and a few personal details.

The center of the plot is historical events that come to catch up with the current heads of some organizations. Since the historical parts are accurate and well researched, I get an odd feeling when their contemporary counterparts are presented as fictional characters.

I cannot for the life of me recall a fictional work where living non-fictional people are killed. It might be a reason for that.

k

Mike C · 11-06-2006, 06:58 AM

Quote:

Originally Posted by kenewbie

I I feel like I am missing a lot of realism by altering the names and a few personal details.

That's where your skill as a writer has to come in. It's up to you to make it realistic, and that shouldn't have to rely on the inclusion of real people.

mammamaia · 11-06-2006, 09:50 AM

if you do go ahead with using real living people and having them killed or otherwise presented in a less than pleasant light, you'd better consult a literary attorney before shopping it around, to make sure you're not at risk, legally...

FrankBlissett · 11-06-2006, 10:59 AM

There certainly are times when you need to include a real person in your fiction. Besides Kennedys, you sometimes see people such as Howard Hughes (and other industrialists), Hughey Newton, J Edgar Hoover, Ronald Reagan (and most every president, alive or dead) fictionalized.

As for assassinations, there's a movie out right now that fictionalizes the killing of Bush-43. Actually, such events are somewhat stock in the "alternate Earth" genre. But, as Maia noted, it may be best to consult a lawyer at some point just in case. On the other hand, any editor would be likely to do so for you.

The other option, of course, would be to create composite characters with fictional names.

-Frank

kenewbie · 11-07-2006, 07:17 AM

Thanks for the feedback. I've decided to go the "primary colors" route here, just write it down as real life then do a seach/replace on the names later.

k

mammamaia · 11-07-2006, 11:21 AM

Quote:

On the other hand, any editor would be likely to do so for you

i doubt it!... if you don't get your book ms on solid legal ground to begin with, it's unlikely it will even reach an editor... they don't have time to waste on material that can get them sued... reading a query about this book, it's the first thing that will hit them and if you can't show that you've covered your and their nether parts legally, i seriously doubt you'll be asked to send the ms...

Mike C · 11-08-2006, 12:55 AM

Quote:

Originally Posted by mammamaia

i doubt it!... if you don't get your book ms on solid legal ground to begin with, it's unlikely it will even reach an editor...

Agreed. I can think of 2 instances where the novels had contentious material - agents read the MS, loved it, asked author "Have you cleared xyz?" When the answer was "no", the agents tossed the MS back. They don't need the hassle, and publishers don't need the hassle.

FrankBlissett · 11-08-2006, 09:04 AM

I stand corrected - Maia and Mike are much more knowledgable on such matter than I.

-Frank