Characters Based On Real People...

[BiggerBrasRequired]

So I am wrapping up a story I’d like to post. The character in the story is based on a real woman who’s an amateur model known for posting on patreon, Instagram, and onlyfans. Now the character has a different name, but there are a handful of clues throughout the story suggesting who the girl is based off of and I would guess 90% of people would figure it out. The likenesses are only physical appearance and nothing else. So details of her skin complexion, hair color, eye color, height, makeup, clothes she wears, etc. and not about where she lives or real world relationships.

The most important question is, is this legal? Even though my character isn’t her, she’s basically an exact doppelgänger with bigger breasts. I did read about Scarlett Johansson suing a French writer for mentioning her in his novel a few years ago. His book is clear that his character is not her, but looks exactly like her.
If it means anything at all, I’m American and the woman this is based on is American as well.

Would appreciate opinions from multiple mods (or anyone else) if possible. If necessary, I can take out the “clues”, but I’d really rather not. But then again I’d REALLY rather not get in trouble.

 

[TarnishedPenny]

I suspect legalities differ with jurisdiction, but here’s the thing. Are those clues essential to the story? Would it matter if you changed one or two of them? If it would still work, then make a couple of changes so you cannot be accused of targeting any specific person or put a rider up front saying that all characters are fictional and any resemblance is coincidental. My two cents, anyway.

 

[BiggerBrasRequired]

I suspect legalities differ with jurisdiction, but here’s the thing. Are those clues essential to the story? Would it matter if you changed one or two of them? If it would still work, then make a couple of changes so you cannot be accused of targeting any specific person or put a rider up front saying that all characters are fictional and any resemblance is coincidental. My two cents, anyway.

I could but it's like the big drive about this story for me was that it was about this specific chick (again, by looks alone). Part of the thrill was other's figuring it out as well. But if there's even the slightest chance of me getting in serious trouble other than just having it taken down, I'll change the details.

 

[SimonDoom]

The primary concern would be defamation: if you portray this character in a false and injurious light in a way that the reader thinks these things are true, and if readers reasonably will know/believe that the character you are writing about is in fact this person. That person could sue for injury to reputation.

If I were you, I would change enough details about the character that it doesn't seem obvious to the reasonable reader that it's based on this person.

I would recommend adding a standard disclaimer at the beginning that the work is fiction and the characters in the story are not based on real people.

You probably are not going to have any problem. As long as you change the name, location, relationships, and don't have her doing things that don't too closely resemble things she's really done, especially if they are potentially defamatory, then you should be fine. Don't use the character's name.

 

[KeithD]

As you describe it, it's legal, yes. The issue would be if the identification was obvious and she was depicted doing something completely out of her public character to the point of endangering her ability to make money off her persona. I'd quibble with your "90 percent" would figure it out. 90 percent of people don't look at the sources you are suggesting. Even if you gave her name, I'm sure that 80 percent of your readers would have to look her up.

Now, would it be ethical to put a public figure who isn't known for porn in a porn situation? No.

 

[BobbyBrandt]

There is a category here called "Celebrities/Fan Fiction". Virtually every story there is about a real person or character. That should quell most concerns about whether or not you can write about real people. I have four stories there and would have more but a relative of the person in one of my stories politely asked that it be taken down, so I did.

I also have stories where a fictional character is described as physically resembling a real person by name. Still no problems.

I name real-life characters frequently as it relates to world events or other factors in the story. No objections have found their way to me so far.

Finally, I have used the names of friends who have given their permission as characters in some of my stories as a tribute to our friendship.

 

[SimonDoom]

I could but it's like the big drive about this story for me was that it was about this specific chick (again, by looks alone). Part of the thrill was other's figuring it out as well. But if there's even the slightest chance of me getting in serious trouble other than just having it taken down, I'll change the details.

I don't think there's anything wrong with the first thing, as long as you don't use the real character's name.

The second is more problematic, because you are suggesting you WANT readers to think it's her. For one thing, your statement in this forum could be used against you as an admission of intent if it ever came to that (which it probably won't). I would recommend against doing this.


I have based some characters in stories loosely on Internet models that I liked, based on looks and age, but I don't think anyone would or could ever figure it out. I actually discovered that one such model was a Literotica reader, and I contacted her and told her what I had done, and she read the story and told me she loved it. That's probably been my most enjoyable serendipitous moment at Literotica.

 

[KeithD]

I have used real people's names. But I've used them in a context that they demonstrated they operated in.

 

[BiggerBrasRequired]

Welp... *sigh* I think I'd rather not risk it. Guess I've got some editing to do tonight. Thanks for all your help folks!

 

[MillieDynamite]

You use historical characters, and you're safe, but the living, changing the names might or might not protect you. But certainly, if you change the name, and keep your descriptions generic, you should be fine.

 

[ElectricBlue]

Vague it up, change names, drop the most obvious references.

You''re the only one who is running this fantasy with this woman. No one else will care who she is. If the story is written well enough, the character should establish herself with no other references needed.

 

[TarnishedPenny]

I could but it's like the big drive about this story for me was that it was about this specific chick (again, by looks alone). Part of the thrill was other's figuring it out as well. But if there's even the slightest chance of me getting in serious trouble other than just having it taken down, I'll change the details.

I understand, truly. But people can have thin skins and courts exist for the benefit of lawyers.

You needn't change everything. Let's say your IRL woman is renowned for her blue eyes. Somewhere in the story, mention the 'world-famous green eyes' of your fictional character. Everything else can stay unchanged.

In truth, the odds that Ms X will ever hear of her being parodied are slim. The odds that she could link the story to you - this is a pretty anonymous site, after all - are even slimmer. The odds that she could show a court that she has somehow been damaged by a short story on a erotic site without ever having being mentioned by name are still smaller. I wouldn't lose sleep over it, but weirder things have happened, of course. If you are at all worried, change one or two details, run up a disclaimer and have a great day watching the 5's roll in.

Good luck.

 

[SimonDoom]

Vague it up, change names, drop the most obvious references.

You''re the only one who is running this fantasy with this woman. No one else will care who she is. If the story is written well enough, the character should establish herself with no other references needed.

Well said. You can have your own fun personal fantasy about writing a story about a real person without tipping everybody else about it. It's not hard.

 

[Bramblethorn]

So I am wrapping up a story I’d like to post. The character in the story is based on a real woman who’s an amateur model known for posting on patreon, Instagram, and onlyfans. Now the character has a different name, but there are a handful of clues throughout the story suggesting who the girl is based off of and I would guess 90% of people would figure it out.

That seems extremely unlikely. I'd guess 90% of Literotica readers would never have heard of the woman you're talking about here, much less be able to identify her from clues; indeed, I'd guess most Literotica readers would struggle to name a single amateur model. She may be famous on OF, IG, and/or Patreon, but a lot of readers here don't hang out on those platforms.

This kind of thing comes up periodically in discussion here. The general consensus seems to be that celebrities, even the super-famous ones, are much less universally recognised than their fans tend to assume, and fame has a way of dwindling with time. When I started reading online smut, it felt like every third story was about Anna Nicole Smith, but now I can't remember the last time I saw her mentioned in a story.

The most important question is, is this legal? Even though my character isn’t her, she’s basically an exact doppelgänger with bigger breasts. I did read about Scarlett Johansson suing a French writer for mentioning her in his novel a few years ago. His book is clear that his character is not her, but looks exactly like her.

FWIW, from the reporting I can find on that case, part of Johannson's claim was thrown out and although part of it was upheld, it was a very minimal victory - she'd been suing for fifty thousand euros but was only awarded five thousand in damages and costs, and I'd assume the writer and publisher got at least five thousand worth of publicity out of the case. She was suing under French law, which I understand defines defamation much more broadly than the USA does.

 

[MelissaBaby]

I have modeled characters after famous figure, but I generally keep my physical descriptions vague, so no one would recognize them without inside knowledge.

I did included one real person in a story. In a chapter of Mary and Alvin, they bought sandwiches from Luis Tiant at Fenway Park.

 

[BiscuitHammer]

I use real people rather frequently in the Alexaverse, although they're always background characters for context, never sexual, and it may be obvious who they are, but I've avoided names where I can.

I use real people from history constantly in Time Rider, of course. But they're dead, so they can't get litigious about it. When Becky was trapped at the Louvre, she was serving as a handmaid to Anne of Austria.

They dropped the Coloseum on a historical Roman emperor (he was a dick), and Mark fucked a named Vestal Virgin.

They've talked about going back in time and getting it on with famous hotties of movie history ("I thought we'd go have a foursome with Jayne Mansfield and Marilyn Monroe.")

Usage of celebrities and public personages in satire is legal, I believe. I guess it just depends on what the current definition of 'satire' is.