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- Go to There is so much said about marketing. This is about writers and writing
Point one: false and they knew it.
posted by
majroj
on May 31, 2005 at 12:02 PM
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First, insofar as suing for slander, no..
Slander is verbal, libel is written. There are many components to this. The average person has some weight in libel (or slander if verbal) because private citizens deserve a private life. You can lampoon famous people up the wazoo as long as you don't intend to cause harm. Remember the old movie "Absence of Malice" with Sally Field/Paul Newman.
Before we get into the fictional character thing, look at the other "straight up" components. To prove libel, a human has to prove
1)the information was false
2)there was intent to harm or said libel did harm in a way that caused undo public ridicule and also meant a monetary loss. (This is a big one. Defamation of character is a vague concept, and you have to have been harmed in some way, or the person had to have meant to cause you harm.)
In the strict sense of the concept, as far as private citizens go, you have no right to have them held up to public ridicule. There are other legal things that will kick in as opposed to libel and slander. (Punitive damages based on pain and suffering from ridicule, for example.)
Carol Burnett (a higher standard to prove as she's a public figure) won her famous lawsuit against the National Enquirer when they printed that she had been on a drunk or something of that ilk. Well, both of her parents were alcoholics, and she was raised by her grandmother, so she went nuts about this. She proved the Enquirer knew the report was wrong (unlike their Plant People Invade the Earth story) and printed in anyway with total disregard for how it would affect her career. She didn't have a monetary loss, per se, but since she is a known figure most people would agree that such a portrayal of her (as opposed to her normal roles) would hurt her image...which is how she makes her money. Sort of loss of income by default.
Imaginary characters. That gets really dicey. I don't know of anyone who has won on this. We discuss this in my online writing group (Mikes Writing Workshop at Yahoo---you should check it out) all the time. Authors say they hear from people who go off that they stole their name to use in a book. These authors have no clue who these people are. There are only so many names in the world. You are bound to hit a name. And character traits? Think of how psychics do it. There's a law of averages thing.
I'm working on a mystery series. To be sure, my characters are based on people from my past in terms of personality. You can't help but draw on familiar ground. I can point to one or two people who will recognize themselves. I've even told them about it and showed them parts. I put the characters in completely opposite situations from what I knew, so I'm imposing a real personality into a fake scenario. I think I'm good.
Now, trust me, I've wanted to use a real person with a fake name. Generally that is driven by an impulse to get even, if we're being truthful. It passes. I have a real situation, and all I kept thinking of was to win a libel lawsuit, the person would have to admit in public that she was a lying, sneaking weasel, as was the character I was building. That would have been quite a payback. Again, it passes. :)
I'd be curious to learn of anyone who has won such a suit.
Kim
posted by
terpgirl30
on May 30, 2005 at 6:46 PM
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good point ginnieb. I wondered about that too
posted by
Azur
on May 29, 2005 at 3:43 PM
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Thanks MayB....
..just wonder if someone saw themselves in a character if they could sue for slander. And I'm sure it would be great for you to read his book..if you've met her..cool! I'm not so into Coelho either.
posted by
ginnieb
on May 29, 2005 at 2:47 PM
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I would be amused if someone turned me into something which they percieve to be me. Everyones perception is different. If someone wrote about me, they are telling me whats in their mind and exposing themsleves. I already know who I am since I live with myself everyday. I generally only write when I feel creative which has been over powered by tiredness.
posted by
ThomasFranklin
on May 29, 2005 at 1:20 AM
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At last a blogger who is prepared to be honest with me.....yes I see what you mean, it suggests most read. No it just seemed that everything about writing was about marketing and as is important as that is, it can swallow us and distract us from getting our hands dirty.
posted by
Azur
on May 28, 2005 at 10:15 PM
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Your headline missed. But it doesn't seem t have slowed you down.
1. None of the certified blogger catnip words are included.
2. The word "read" is syntactically ambiguous in the phrase "best read" (versus "best-read"). How about "Hottest Post"? Or "I Wrote This In The Nude"? Like Anne Garrels min Bagdhad? Hahahah...wait a second, she did something like that!).
Most of the oldest blogging network blogistas are gone, but "shameless self-promotion" was our secret watchword.
(oatmeal!)
posted by
majroj
on May 28, 2005 at 10:04 PM
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Ginnieb, it depends if you choose to tell her. I think because Lamb knew before it was published arguably she could have protested. I am now very curious to read the book (although Coelho's novels are not usually my cup of tea) because I met her some years ago.
posted by
Azur
on May 28, 2005 at 9:53 PM
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MayB
I found this post most interesting. Misleading title? Again, the title didn't lure me to read you. Take care!
posted by
Wildwoman_Laloba
on May 28, 2005 at 9:44 PM
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I've never thought of having a muse. I guess I find my inspiration in other ways. As for my feelings about appearing in someone's novel, well I suppose it would depend on how I was portrayed. If I liked the character I would be thrilled, if not I would have other emotions.
posted by
Ca88andra
on May 28, 2005 at 7:30 PM
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an interesting question. yet i do not think i could find fault or place blame. our sensations and perceptions are influenced by those who surround us. it is the human condition. and there are few words that I have written that aren't rooted in experience. even if they are imagined. is it the same for you?
posted by
quetzal
on May 28, 2005 at 6:29 PM
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This is so interesting MayB..
..so can you use anyone (the way you described Lamb was used) in a novel? I'm surprised he could do that without her permission. I would love to use my mother-in-law as a character..I'm afraid I'll have to wait until she's passes to the next world though..I'm sure she'd see herself in my villain!
posted by
ginnieb
on May 28, 2005 at 4:28 PM
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Well, I'm told I'm too serious for my own good, but, I am what I am and that's all that I am, to quote the immortal Popeye.
posted by
Blanche.
on May 28, 2005 at 3:42 PM
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and I have realized too that people think I am more serious than I am.
posted by
Azur
on May 28, 2005 at 3:33 PM
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mary x, just checking, so many people are so serious here
posted by
Azur
on May 28, 2005 at 3:32 PM
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Mayb,
I was joking around, making a play on words. I know what you meant, and yes, I write for catharsis and understanding. Perhaps, I'll find a muse, or become my own muse.
posted by
Blanche.
on May 28, 2005 at 3:30 PM
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mary x, I don't know, perhaps folk who had an adverse impact on your life
posted by
Azur
on May 28, 2005 at 3:28 PM
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Mayb,
Sinister, as in "bar sinister" or born on the wrong side of the blanket?
posted by
Blanche.
on May 28, 2005 at 3:19 PM
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word.smith, from what I have read you would be miscast as a villain
posted by
Azur
on May 28, 2005 at 3:02 PM
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Mary x, they sound a little sinister
posted by
Azur
on May 28, 2005 at 3:01 PM
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Mayb,
I wouldn't dub the people who've inspired me to write so far as muses, more anti-muses.
posted by
Blanche.
on May 28, 2005 at 2:34 PM
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How I feel would depend
on my role in the novel. Cast me as the villain and I'd be downcast, I think.
posted by
word.smith
on May 28, 2005 at 2:31 PM
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CarolynMoe, I must quit spending that time on blogs
posted by
Azur
on May 28, 2005 at 2:23 PM
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Musette, very cute!
posted by
Azur
on May 28, 2005 at 2:22 PM
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I have been inspired by people,
and used bits of them in my writing, and I have been the muse(ette) - (I wouldn't say muse it wasn't that big a deal) for someone's poetry.
But I think that's a different thing from basing a novel on someone. I think that would probably bother me. But who knows - it's never happened.
posted by
MerryAnne
on May 28, 2005 at 1:51 PM
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Get up a couple hours early to write... about whom or whatever inspires you.
posted by
cmoe
on May 28, 2005 at 1:50 PM
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