Names of characters in stories

Postby jsherwood » Thu Nov 06, 2014 3:04 am

I would like to clarify if authors are allowed to use real peoples (actors, famous people etc) names in stories. Would not like to name stories in particular, but like to ask if it correct to use real people (famous people) names.

Re: Names of characters in stories

Postby xtc » Thu Nov 06, 2014 4:48 am

It doesn't seem to be unusual to do so on some forums. It seems to be sort of branch of the "fan-fic" genre.
Such a practice is not to my taste but I don't think that, as a moderator, I have any just cause to intervene.
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Re: Names of characters in stories

Postby jsherwood » Thu Nov 06, 2014 6:50 am

xtc wrote:It doesn't seem to be unusual to do so on some forums. It seems to be sort of branch of the "fan-fic" genre.
Such a practice is not to my taste but I don't think that, as a moderator, I have any just cause to intervene.


Like would be be acceptable to use famous actors names in the FF we write here? I'm sure you can find at least one story that does that.

Re: Names of characters in stories

Postby chadmc90 » Thu Nov 06, 2014 7:57 am

Yea, I read a story involving the rapper eminem a while back. Don't have the link to it because I am too lazy to go and find it, but it has happened before. As long as the author acknowledges it as a work of fiction, I think it will be okay.
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Re: Names of characters in stories

Postby jsherwood » Thu Nov 06, 2014 9:53 am

It may be a work of fiction but the real people might be upset that their names are used in that context.

Re: Names of characters in stories

Postby chadmc90 » Thu Nov 06, 2014 9:59 am

Well, there IS a wikipedia article on the issue: http://en.wikipedia.org/wiki/Real_person_fiction

Don't know if it will help answer your question, but I thought I would share it anyway.
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Re: Names of characters in stories

Postby jsherwood » Thu Nov 06, 2014 10:38 am

chadmc90 wrote:Well, there IS a wikipedia article on the issue: http://en.wikipedia.org/wiki/Real_person_fiction

Don't know if it will help answer your question, but I thought I would share it anyway.


ok but just wondering. There have been lawsuits regarding names used.

Re: Names of characters in stories

Postby Kyle » Thu Nov 06, 2014 6:32 pm

Fanfiction is pretty widespread on the Internet, and in fact predates the Internet. As long as you aren't trying to use someone's name to make money or doing something that would qualify as slander/libel, you should be okay.

Re: Names of characters in stories

Postby Fesselfan » Fri Nov 07, 2014 12:09 am

Actually, this may be depending on the country you are in.
Artists names, for example, may be protected as brand names also...and a minefield is a playground compared to international brand name law cases ;)

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Those who understand binary numeral system, and those who don't.

Re: Names of characters in stories

Postby tony2 » Fri Nov 07, 2014 5:36 am

There is an exception for any person who has placed himself (or herself) in the public spotlight. They are free game but make sure you indicate the story, characters and dialog is fiction. Think of all the times Kirk and Spock have been used in stories. Think also of all the political jokes going around. Hopefully most of them are fiction ????

Good luck,

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nobody else will figure out you're faking it.


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Re: Names of characters in stories

Postby jsherwood » Fri Nov 07, 2014 5:43 am

tony2 wrote:There is an exception for any person who has placed himself (or herself) in the public spotlight. They are free game but make sure you indicate the story, characters and dialog is fiction. Think of all the times Kirk and Spock have been used in stories. Think also of all the political jokes going around. Hopefully most of them are fiction ????

Good luck,

Tony2


I mean real people. Not characters.

Re: Names of characters in stories

Postby Jason Toddman » Fri Nov 07, 2014 6:14 am

It would depend on the context. If you depict real people in stories that are noticeably out of character (OOC), that could be considered libel.
For instance, depicting an actress being kidnapped and resisting would probably be acceptable, as long as that person acts more or less as most people would think that person would react. An actress performing as a scream queen for instance might be a tad misogynistic but neither unrealistic nor libelous, since most women ould be expected to scream in such a circumstance. Men likely would yell too if they got the chance.
Depicting a famous character doing the kidnapping or other criminal acts on the other hand would be libel, could get you sued, and even get this site shut down.
See the difference?
There have actually been stories posted or requested here about one or another celebrity in a TUG. As long as they are tasteful and do not show that celebrity in a bad light (a secret liking for TUGs is probably okay even if entirely fictional, but made up sadistic tendencies would likely not be), it should be okay.
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Re: Names of characters in stories

Postby jsherwood » Fri Nov 07, 2014 6:52 am

ok.............

Re: Names of characters in stories

Postby Jason Toddman » Fri Nov 07, 2014 9:15 am

jsherwood wrote:ok.............

That sounds like a doubtful response. Did I misunderstand or leave something unanswered, or was that in response to us all together?
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Re: Names of characters in stories

Postby jsherwood » Fri Nov 07, 2014 10:28 am

Jason Toddman wrote:
jsherwood wrote:ok.............

That sounds like a doubtful response. Did I misunderstand or leave something unanswered, or was that in response to us all together?


I just put the.....to fill up space. But I won't be write down Hilary Clinton, Angel Merkel, Angelina Jolie or other big names in my stories.

Re: Names of characters in stories

Postby Jason Toddman » Fri Nov 07, 2014 11:08 am

jsherwood wrote:
Jason Toddman wrote:
jsherwood wrote:ok.............

That sounds like a doubtful response. Did I misunderstand or leave something unanswered, or was that in response to us all together?


I just put the.....to fill up space. But I won't be write down Hilary Clinton, Angel Merkel, Angelina Jolie or other big names in my stories.

Okay, well the extra dots gave the message a dubious tone; at least to me because that's what I am trying to imply when *I* use them.
As for Hillary or Merkel; that may be just as well. I don't have any interest in seeing older women like them in a Tug story.
Someone like Emma Watson, Jennifer Lawrence, or Megan Fox now... that'd probably be different! But Hillary?! Bleah!!!
Dare to be different... and make a difference.
To boldly go where no one in their right mind has gone before...

Re: Names of characters in stories

Postby jsherwood » Fri Nov 07, 2014 11:20 am

Jason Toddman wrote:
jsherwood wrote:
Jason Toddman wrote:
jsherwood wrote:ok.............

That sounds like a doubtful response. Did I misunderstand or leave something unanswered, or was that in response to us all together?


I just put the.....to fill up space. But I won't be write down Hilary Clinton, Angel Merkel, Angelina Jolie or other big names in my stories.

Okay, well the extra dots gave the message a dubious tone; at least to me because that's what I am trying to imply when *I* use them.
As for Hillary or Merkel; that may be just as well. I don't have any interest in seeing older women like them in a Tug story.
Someone like Emma Watson, Jennifer Lawrence, or Megan Fox now... that'd probably be different! But Hillary?! Bleah!!!


coincidentally, there is a Emma Watson story in the PG-17 section but disjointed

Re: Names of characters in stories

Postby Lake Lover » Fri Nov 07, 2014 12:03 pm

There is the standard disclaimer: This is a fictional story. Any similarity to any person living or dead by the characters depicted herein is strictly accidental, is not intended, and should not be inferred.

So, perhaps a character in a work of fiction which accidentally has a famous name and performs an illicit or detestable or illegal act might be safe from a court judgement unless the writer placed his character in a specific setting, time and place where the famous person of the same name is known to have been.

Re: Names of characters in stories

Postby jsherwood » Fri Nov 07, 2014 12:23 pm

I guess so but who has been putting a disclaimer so far?

Re: Names of characters in stories

Postby Jason Toddman » Fri Nov 07, 2014 1:26 pm

That won't work if you use a specific person and use specific actual circumstances surrounding that person. If you make a story about Hillary Clinton getting kidnapped for instance, you can change the names and be safe no matter how similar to Hillary your character is. But using the same names while having them do anything OOC or otherwise objectionable is a different matter. It might also be seen as a person threat or slander to Hillary Clinton or at least advocating such a thing actually happening to her. NOT a good idea!
Dare to be different... and make a difference.
To boldly go where no one in their right mind has gone before...

Re: Names of characters in stories

Postby jsherwood » Fri Nov 07, 2014 2:08 pm

Jason Toddman wrote:That won't work if you use a specific person and use specific actual circumstances surrounding that person. If you make a story about Hillary Clinton getting kidnapped for instance, you can change the names and be safe no matter how similar to Hillary your character is. But using the same names while having them do anything OOC or otherwise objectionable is a different matter. It might also be seen as a person threat or slander to Hillary Clinton or at least advocating such a thing actually happening to her. NOT a good idea!


Just asking cause there is a joint story in the PG-17 section specifically using Emma Watson's name. Not mine.

Re: Names of characters in stories

Postby Plueschbabycd » Fri Nov 07, 2014 3:47 pm

Hello, I don´t even is fiction or satire the specific person can try to take you to court. If she mean that anybody could think it is real and if as somebody give a testimony that is your can get great Problem. I know from a case for pastor who try go court. He fail only because he could not prove it. I´m not sure fames persons react if write story and hit a secret side of her.
Andrew
"Don´t dream it, be it." Dr. Frank N. Furter in Rocky Horror Picture Show

Re: Names of characters in stories

Postby Jason Toddman » Fri Nov 07, 2014 3:50 pm

Plueschbabycd wrote:Hello, I don´t even is fiction or satire the specific person can try to take you to court. If she mean that anybody could think it is real and if as somebody give a testimony that is your can get great Problem. I know from a case for pastor who try go court. He fail only because he could not prove it. I´m not sure fames persons react if write story and hit a secret side of her.
Andrew

Satire/paody is a special case (at least in the US) and usually is protected against lawsuits for libel or copyright infringement Otherwise shows like Saturday Night Live would not be able to air half of what they do.
Dare to be different... and make a difference.
To boldly go where no one in their right mind has gone before...

Re: Names of characters in stories

Postby Plueschbabycd » Sat Nov 08, 2014 3:00 am

Hallo Jason Toddman,
I think it is in Germany same. Other hand some thing I see find very hard and on border of good taste. Also I´m well educated and with normal IQ, but hear that more people who at least not well educated and then possibly take a Satire for real.
Andrew
"Don´t dream it, be it." Dr. Frank N. Furter in Rocky Horror Picture Show

Re: Names of characters in stories

Postby Jason Toddman » Sat Nov 08, 2014 4:14 am

Yeah, in America there's a lot of stuff that I think is more obscene or at least absurd than funny.
As for taking some things meant as parody for real, that can be a real problem too. I think that's how some conspiracy theories got started in fact, as for instance I think only a total moron could really believe that the Apollo moon landings were a hoax (further mentioned in that new movie Interstellar, which is sufficient for me to boycott that movie even though it wasn't meant as serious history) or that the Holocaust never happened.
Dare to be different... and make a difference.
To boldly go where no one in their right mind has gone before...

Re: Names of characters in stories

Postby Plueschbabycd » Sat Nov 08, 2014 5:11 am

Hello,
yes the give me enough evidence to believe that the Apollo moon landings is really.
To say that over Holocaust is in Germany forbidden by law.
"Don´t dream it, be it." Dr. Frank N. Furter in Rocky Horror Picture Show

Re: Names of characters in stories

Postby Jason Toddman » Sat Nov 08, 2014 8:08 am

Plueschbabycd wrote:Hello,
yes the give me enough evidence to believe that the Apollo moon landings is really.
To say that over Holocaust is in Germany forbidden by law.

hmmm... going a bit too far for political correctness if you ask me though. I feel a person should have every right to make an ass of himself. After all, that's no different that the anti-blasphemy laws that used to be so popular in many places; including Europe and even in many parts of the US long ago. The moon-landing hoaxers irritate the spit out of me, but to make what they say punishable by law seems wrong unless serious harm is proven to be caused by such a viewpoint. Though I suppose such a point could be made for Holocaust-deniers, it still sounds a tad iffy and Sharia Law like to me. I can see why it might have happened there of all places, but still...
Dare to be different... and make a difference.
To boldly go where no one in their right mind has gone before...

Re: Names of characters in stories

Postby Chris12 » Sun Nov 09, 2014 8:50 am

jsherwood wrote:It may be a work of fiction but the real people might be upset that their names are used in that context.


Its not my kind of thing but I'm not against it either because I consider it the trade off to being famous. If you make yourself a public figure these kind of things can happen.

Those kinds of stories never fit in my definition of fanfiction but I suppose it can be if you think about it.

And speaking of fanfiction....shouldn't that get its own sub section? Its something easily drowned out by regular fictional stories.

Re: Names of characters in stories

Postby Jason Toddman » Sun Nov 09, 2014 12:44 pm

Chris12 wrote:
jsherwood wrote:It may be a work of fiction but the real people might be upset that their names are used in that context.


Its not my kind of thing but I'm not against it either because I consider it the trade off to being famous. If you make yourself a public figure these kind of things can happen.

Those kinds of stories never fit in my definition of fanfiction but I suppose it can be if you think about it.

And speaking of fanfiction....shouldn't that get its own sub section? Its something easily drowned out by regular fictional stories.

Such a thing was suggested just recently, but Zanev feels we have more than enough subsections as it is. Anyine who wants to write a fan-fic should simply make it clear in the title that this is what the story is. It's hard to add 'a fanfic' in the title.
Dare to be different... and make a difference.
To boldly go where no one in their right mind has gone before...