Hi all. I'm about three-quarters of the way through my first novel (chick-lit), I'm having a great time writing it and all seems to be going well so far. I've just started to get a little concerned about the legal side of things... I have a fictional male character of whom I have completely invented his life history, physical description, actions in the story. But, I'm worried that he resembles a real person who I know. Essentially, the similarities between my fictional character and my real life friend are that they are the same age, both have tattoos and they have the same job (a fairly niche job) and these elements are all essential to the plot and not changeable. All other elements of his character and appearance are totally different and the romantic story line is entirely fictional and not related to the real life person at all. Perhaps if you knew my real life friend, in his work setting, you would think it is a depiction of him, even though I know that this is not the case, but there is no getting around this as the plot is based around his largely based around his job. Am I just being over cautious to be concerned about this, from a legal point of view? In the story I don't refer to any specific real incidents involving him and his character is not portrayed in a negative way, but if there is a loose connection that people pick up on and identify as him, is that a potential problem? Many thanks. Mel.
Hi, Mel!
Forgive me for seeming a downer, but I'd go one step further. You write that this guy is a friend. If so, he shouldn't object to signing a document stating that he allowed you to use certain details of his.
The trouble is that friends can turn into unfriends and even enemies. Sad but true. It's happened to me several times that trusting in the continued goodwill of friends has blown up in my face.
You don't want your friend to say 'Sure! That's fine.' and then sue you for defamation of character in 3 years' time. It CAN happen. So play it safe!
Thanks for all your comments. I have visited this site frequently over the last few months, but have never posted on it until today and so I am very grateful for all your help. I will definitely take on board the comments to differentiate the real/ fictional characters as much as possible, but I think there is no getting around the fact that the best thing to do will to be to mention it to him. Thanks again.
Mel
I have just read Clare Williams said the same thing when she replied to your question. It was hidden in the "more" section. Sorry. Paul