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 Damien -

I'm falling on the same side of the fence as yourself on this topic.

I have the ability to alter the names and places enough within the novel for it to avoid libel law. I will just need to put the work in to maintain appeal and relevancy, within a real world concept delivered through fictitious characters. Even though this may be to the detriment of some comedic elements linked to the connection the reader would have if I'd have kept the real life person in the novel.

Thanks again and more comments / answers are always welcome.

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Tim
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Tim Comerford
07/01/2014

If I was you I would steer away from naming any celebrity in your book unless you have the written consent. We think we know so much about today's celebrities yet trust me we know very little. As everyone is fully aware... what you read in the tabloid papers is not necessarily true. Just because Google said it, it does not necessarily mean it's fact.

I recently had a conversation with JK Rowling's personal PA reference plagiarism in my latest novel. What was their concerns ? I used the word order this was flagged up to her legal team. Thankfully Rowling has a copy of the book and has raised no concerns.

All I can suggest is if your filthy rich go for it if not leave well alone.

Good luck.

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damien
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damien Isaak
07/01/2014