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Basing a story on a real person

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idmnotm

Loves Spam
Joined
May 13, 2015
Posts
5
Specifically, a cam model. I was quite inspired by REDACTED at *************** and began writing a story that I'm excited about. I couldn't bring myself to change a single detail about her personality or appearance, but I'm concerned about the ethics involved in publishing a story featuring a real Internet personality in all but name. It even has a supernatural fairies theme, so her alias is inescapable.

Probably the best thing to do is to contact her, but I don't want to spend any money.

I could publish the story with a few more details changed. This might be the easiest of the bately considerate options. I would still like to namedrop her in a thank you note at the end.

I could submit it as a Celebrities story but I don't know how appropriate that would be. She's not ending up on TMZ anytime soon.

I'd like to share my work but I don't want to do it in a shady way. Any advice?
 
Last edited:
Seeing the site URL censored here made this all feel more problematic. I'm just going to bite the bullet and change my story enough to hopefully avoid the issue.
 
The site URL was not censored. It was removed by the software as spam. This site does not allow spam of any sort. You may not have intended it that way but...

Also no URL's not directed at Lit itself in a story will be considered spam also.

Change a name and add or subtract from what you saw and write to your hearts content. It need not go into Celebrity. It could be voyeur/Exhibitionist. It could be toys. All according to what she was doing. Or you could even move it off the Cam and write it as a bedroom scene.

It's all up to you. That is, except for the URL.
 
Just use a different name and don't refer to the source Web site you found her on (which Lit. won't let you do anyway). That isn't a real person you are viewing anyway.
 
sr71plt said:
Just use a different name and don't refer to the source Web site you found her on (which Lit. won't let you do anyway). That isn't a real person you are viewing anyway.
Click to expand...

Um. It's a real person, unless computer simulation have gotten further along than I know about. It's perhaps an artificial personality, but personas not unique to online sex actresses.

It's fine to write a story about someone; but read up on defamation laws. You can say a lot about a person, right or wrong, and get away with it - but US law at least instantly puts you into defamatory territory if you mischaracterize someone's sexuality, and your story easily could do that. It doesn't matter how many times she says she likes to frolic with horses, lost children and female elves in her performance - in a story those become claims of beastialty, pedophilia and homosexuality, and if she takes offense, US law is on her side. I think odds of a problem are vanishingly small - she'd probably love the free publicity. But if she doesn't it's an expensive mistake to make.

You might be able to contact her via the company running the site. You're probably not the first with the idea.
 
Why not invent another email address and contact her to see if she would be good with it?

If she says Yes, you are happy :)

If she says No, you can change some details of your story and publish it under your already-pseudonymous-name on here and be happy :)

(Welcome to the board, BTW. You can usually get lots of good suggestions to writing problems here. Don't feed the trolls on Tuesdays. In fact, don't feed them at all. Only post in Loving Wives if TXRad has lent you his sharkproof suit - which he does at a preferential rate for regular AHers - Authors Hangout afficionados ;):rose:)
 
As mentioned, rename people and places and you're good to go. A character who talks and acts like Khloe Kardashian in Hollyweird is perfectly safe as Ibble Kabibble in Miami.

As for LW, it is THE place to post if you 1) want to be READ, and 2) can endure nasty comments from a tiny fraction of the many many readers. Stories in some categories may grab a few dozen eyeballs; stories in LW and Incest/Taboo may reach many tens tens of thousands. Ask yourself if you would prefer a small, nice audience or a large, rowdy readership, some of whom react energetically to your writings.
 
Hypoxia said:
As mentioned, rename people and places and you're good to go. A character who talks and acts like Khloe Kardashian in Hollyweird is perfectly safe as Ibble Kabibble in Miami.

As for LW, it is THE place to post if you 1) want to be READ, and 2) can endure nasty comments from a tiny fraction of the many many readers. Stories in some categories may grab a few dozen eyeballs; stories in LW and Incest/Taboo may reach many tens tens of thousands. Ask yourself if you would prefer a small, nice audience or a large, rowdy readership, some of whom react energetically to your writings.
Click to expand...

Energetically is another way of saying death threats. Of course, most are never carried out and the few that are, have never been prosecuted. (Free Plot Bunny to a good home, by the way)
 
The model's online character is probably her creation, not her personality. Using her character in your story might be a copyright violation.
 
As for writing about other people, heck, half my characters are based on people I've known. Their actions are mostly what I want them to be for the story though.
 
Thanks for the welcome and the advice guys. The story and character have taken on a life of their own, I'm happy to report, so I'm sure my earlier concerns won't be an issue.
 
Hypoxia said:
As for LW, it is THE place to post if you 1) want to be READ, and 2) can endure nasty comments from a tiny fraction of the many many readers..
Click to expand...

I can't speak for anyone else, but being READ by the sort of people who read LW or Incest is not a goal. Sure there's a world of creepy people out there who get off to deeply screwed up relationships, but why would I want to interact with them?
 
NotWise said:
The model's online character is probably her creation, not her personality. Using her character in your story might be a copyright violation.
Click to expand...

Characters are usually trademarked rather than copyrighted and there's very little chance a cam model has done either.
 
HandsInTheDark said:
Um. It's a real person, unless computer simulation have gotten further along than I know about. It's perhaps an artificial personality, but personas not unique to online sex actresses.
Click to expand...

If you think a cam model is showing her real personality, I have a bridge to sell you.
 
sr71plt said:
Characters are usually trademarked rather than copyrighted and there's very little chance a cam model has done either.
Click to expand...

Perhaps true, but I've been dealing with on-line content for twenty years and my understanding is that if you produce something then you have a copy right to it. There's no longer any need for someone to go through a formal application process for a copyright in order to have one.

I could be wrong because my understanding is based on what other copyright sensitive people have told me, not on a reading of the law or consultation with an attorney.
 
NotWise said:
Perhaps true, but I've been dealing with on-line content for twenty years and my understanding is that if you produce something then you have a copy right to it. There's no longer any need for someone to go through a formal application process for a copyright in order to have one.

I could be wrong because my understanding is based on what other copyright sensitive people have told me, not on a reading of the law or consultation with an attorney.
Click to expand...

We discuss this ad nauseam here. A copyright is only effective if you can sue as an owner in court. The United States has purposely required someone wanting to take a copyright case to court to have formally registered the copyright. There's no case law on erotica court cases in the United States--because almost no erotica writer registers the copyright on their work, because those stealing the material are very hard to track down, and because there's no money in suing in 99.99999 percent of the cases.
 
Let's call it "basing a story on a KNOWN person". That is, we THINK we know the person. Maybe they are a personal acquaintance or even a close relative. Maybe they are a TV sitcom or SyFy channel character, or one of the X-men, or some cam-girl or -boy (are there many camboys?), or somebody from a Buster Keaton movie. The source matters not. But rather than inventing a story player from thin air, we base them on a person (or other creature) we have observed, truly or vicariously.

The question is then: What do we owe that person, real or otherwise? Certain areas have legal answers. Do you want copyright contentions with the fictional and libel contentions with the real? Fuck it -- change the names and drive on. Do those you know read your stories and recognize themselves in there? Then don't point them to LIT.

We cannot help but include observed characters in our stories. We observe humans; we write about humans; thus, we write about real people, and maybe even about unreal politicians. But I won't go there.
 
Handley_Page said:
Are you SURE she's what it seems ?
There are some competent 'actors' . . .
Click to expand...

I started with her appearance, name (which I didn't use but inspired some supernatural themes), and bubbly/sexy mannerisms.

I'm not really concerned with the reality, but her show was a strong inspiration. I'm really grateful for that, since writing has rarely been as easy as it has with this character. I just feel bad since I have a hard time thinking of it as "my" character. It is certainly my story, so I guess that's enough.

I just hope it doesn't come off as creepy fan fiction. Not that there's anything wrong with that, but I wouldn't want to produce it on accident.
 
NaokoSmith said:
Why not invent another email address and contact her to see if she would be good with it?

If she says Yes, you are happy :)

If she says No, you can change some details of your story and publish it under your already-pseudonymous-name on here and be happy :)

(Welcome to the board, BTW. You can usually get lots of good suggestions to writing problems here. Don't feed the trolls on Tuesdays. In fact, don't feed them at all. Only post in Loving Wives if TXRad has lent you his sharkproof suit - which he does at a preferential rate for regular AHers - Authors Hangout afficionados ;):rose:)
Click to expand...

i did exactly that for permission to use a model's photo as the cover on a book. she declined, which was disappointing, but no big deal. i changed her name in the series, and voila! :D
 
idmnotm said:
Thanks for the welcome and the advice guys. The story and character have taken on a life of their own, I'm happy to report, so I'm sure my earlier concerns won't be an issue.
Click to expand...

That's great. Make sure you come back and post a link when you upload the story, won't you.
:):rose:

geronimo_appleby said:
i did exactly that for permission to use a model's photo as the cover on a book. she declined, which was disappointing, but no big deal. i changed her name in the series, and voila! :D
Click to expand...

That was me! :D I'm going to sue your butt off. Oh ... your trousers are already off your butt. Well ... I'm going to do something about it. The legal case, not your butt. Although now that I come to think about your butt ... :devil:;)
 
NaokoSmith said:
That's great. Make sure you come back and post a link when you upload the story, won't you.
:):rose:



That was me! :D I'm going to sue your butt off. Oh ... your trousers are already off your butt. Well ... I'm going to do something about it. The legal case, not your butt. Although now that I come to think about your butt ... :devil:;)
Click to expand...

if it was you, you've got a feature in Dirty British Wives :D
 
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