If
you're going to use real people in your fiction, make it easy on yourself and
be sure they're dead.
Dead
people don't have as many rights as living people (or corporations). Public
figures have fewer privacy restrictions than private individuals. If you're
going to make a character be something really terrible, pick someone who is
long dead, long enough that close relatives won't feel inclined to sue. I'm not
a lawyer, but if you think you're going to use a real person in a book in a way
that might make someone related to that person annoyed enough to make your life
miserable, you might want to create a fictional character instead. Remember
that the laws differ from country to country, so err on the side of caution if
you don't want to fork over legal fees.
That
said, using real public figures who have been dead for a hundred years ago are
fair game. They won't have spouses, children or grandchildren around who might
fear a tarnished reputation if you make great grand-daddy a serial killer.
Hence, Abraham Lincoln Vampire Hunter.
What
about using people you know? This is dangerous territory. If the person paid to
be written in (called a 'Tuckerization'), it's still good to get a signed
release form, in case memory lapses years down the road. While we all learn
about people by watching the folks who are around us on a daily basis, resist
the urge to write in the kid who bullied you in fifth grade or the roommate
from college who stole your best sweater. Fiction should be more than cheap
revenge, and there's more to building good characters than wholesale copying.
It's one thing to assemble a mixture of traits from a variety of real people
and another thing to make a real person easily identifiable as the model for
your character. Unless you like settling legal disputes, avoid causing harm.
In
general, I will use real people and places in my urban fantasy and our
steampunk to create a sense of time and place, often as walk-on or secondary
characters. I treat long-dead public figures with less care than modern
celebrities and politicians, and generally avoid using the latter unless it's a
cultural reference (and even then, such things can date your book).
It's
the same courtesy I use for real places. Historic, public and government
buildings, sites and organizations are safe to use as locations. On the other
hand, I don't like to use a real, existing business in my fiction because they
might not be in business by the time the book is printed, and they might not be
happy about being used as a crime scene or alleged to be run by a supernatural
monster that eats children. I figure my
life is chaotic enough without dodging legal problems that can be easily
avoided. In writing, as in medicine, it's good to follow the concept,
"first, do no harm."
My Days of the Dead blog tour runs through October 31 with
brand new excerpts from upcoming books and recent short stories, interviews,
guest blog posts, giveaways and more! Plus, I’ll be including extra excerpt
links for my stories and for books by author friends of mine. You’ve got to
visit the participating sites to get the goodies, just like Trick or Treat! Get all the
details about my Days of the Dead blog tour here: http://bit.ly/2eC2pxP
Let me give a shout-out for
#HoldOnToTheLight--100+ Sci-Fi/Fantasy authors blogging about their personal
struggles with depression, PTSD, anxiety, suicide and self-harm, candid posts
by some of your favorite authors on how mental health issues have impacted
their lives and books. Read the stories, share the stories, change a life. Find
out more at www.HoldOnToTheLight.com
Book
swag is the new Trick-or-Treat! All of my guest blog posts have links to free
excerpts—grab them all!
Use
your free Audible trial to get my Deadly Curiosities! https://amzn.com/B01IITFPZE
TrickOrTreat excerpt from my novel The Summoner http://bit.ly/1D81sBa
Enjoy this free excerpt from Bounty Hunter, one of my
Jonmarc Vahanian Adventure short stories http://bit.ly/10rPQ07
Trick Or Treat with an excerpt from the Realms Of Imagination
anthology http://www.darkoakpress.com/realms.html
Free
sample of John Hartness’ Black Knight Chronicles excerpt from Hard Day’s Knight
Chp1 http://bit.ly/1LFKD57
About the Author
Gail Z. Martin is the author of Vendetta: A Deadly
Curiosities Novel in her urban fantasy series set in Charleston, SC
(Solaris Books); Shadow and Flame the
fourth and final book in the Ascendant Kingdoms Saga (Orbit Books); The Shadowed Path (Solaris Books) and Iron and Blood a new Steampunk series
(Solaris Books) co-authored with Larry N. Martin. A brand new epic fantasy
series debuts from Solaris Books in 2017.
She is also author of Ice
Forged, Reign of Ash and War of
Shadows in The Ascendant Kingdoms Saga, The Chronicles of The Necromancer
series (The Summoner, The Blood King, Dark
Haven, Dark Lady’s Chosen); The Fallen Kings Cycle (The Sworn, The Dread) and
the urban fantasy novel Deadly
Curiosities. Gail writes three ebook
series: The Jonmarc Vahanian Adventures,
The Deadly Curiosities Adventures and
The Blaine McFadden Adventures. The Storm and Fury Adventures, steampunk
stories set in the Iron & Blood world, are co-authored with Larry N.
Martin.
Find her at www.GailZMartin.com, on Twitter @GailZMartin, on
Facebook.com/WinterKingdoms, at DisquietingVisions.com blog and
GhostInTheMachinePodcast.com, on Goodreads https://www.goodreads.com/GailZMartin
and free excerpts on Wattpad http://wattpad.com/GailZMartin.
3 comments:
Since I write science fiction (based in a galaxy far, far away) I've not used any real people in my stories. I also haven't based any of my characters on anyone I know. I'm really playing it safe.
I find it's best just to use the basis of a character and fictionalize them, although I have been known to use one or two real historical figures in historical fantasies.
Gail, thanks for stopping by!
Alex, you can't get much safer than that!
Crystal, given how long ago your stories are set, I'm sure you'll be fine.
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