Legalities of writing fiction, based on a real person

by Tim Comerford
7th January 2014

Hello everyone, and happy New Year.

So, here's the thing. I'm writing a novel in which one of the, shall we say antagonists, is a real person, and in fact a celebrity. All the other characters are fictional. It is written in the first person, so all the views are the expressions of my fictional protagonist.

Can anyone outline for me the legal steps I ought to take to ensure this isn't pulled and I am not sued!

I may end up altering the name so it is not a direct connection.

If this question exists elswhere on the community feel free to point me in the right direction.

Thank you.

Replies

Thanks for your reply Victoria, I will carry on working at my totally fictious novel for now! But I would still like to know how to solve the problem of writing a memoir.. Other famous people's autobiographies seem to mention Royals and in some cases seem to vent their grievances about people in their past. So how do they get round it?

Profile picture for user steve.19_31224
Pamela
Jackson
270 points
Developing your craft
Pamela Jackson
08/01/2014

Pamela, you take a risk if you go ahead without permission. Some will just shrug it off, but even a compliment can be sued with the right lawyer. I have a feeling the celebrity mentioned in my novel would shrug it off, but I would still ask his permission first. If he said no I would change it to someone else.

My real problem is how I mention British Royalty! Lol

Profile picture for user dividedheart
Victoria
Whithear
5200 points
Ready to publish
Fiction
Comic
Contemporary
Romance
Young Adult (YA)
Speculative Fiction
Short stories
Writing and Editing
Victoria Whithear
08/01/2014

Although I realise that your question is based around a novel, I was interested in your question, because I've been given conflicting advice in the past. I have been told that when writing one's memoirs, written permission has to be given by every single person mentioned in the book, or from their surviving relatives after their demise - BEFORE - submitting your work to an agent. However, another person said to me, they will sue you if you write slander but if you write a compliment who will complain. Does anyone have the anwer to this? I just gave up on the memoirs in the end and concentrated on a novel instead!

Profile picture for user steve.19_31224
Pamela
Jackson
270 points
Developing your craft
Pamela Jackson
07/01/2014