is it wrong or illegal

[DV81]

to post fiction which incorporates elements of real life?

Example: you want to write about fantasies which involve real people.

 

[oggbashan]

See discussions about fan fiction...

If the people are identifiable there is a possibility that they could sue you depending on the laws in your country or state. Using a real person in erotic fiction is a potential minefield if the person has the resources to pursue you through the courts, or has the clout to send round the heavy mob.

I think you need to ask a more specific question. Is it about neighbours and friends/enemies or 'famous' people?

Og

 

[R. Richard]

Simple question, complicated answer.

If you write fiction, taken from life but not identifiable as to whose life/lives, you should be OK. If the action is identifiable to some non-celebrity person, you could be in big trouble. If you have Joe Quarterback throw the winning touchdown pass while you are screwing an anonymous girl who is sitting on your lap, should be no harm, no foul. If you are screwing an identifable girl, BIG PROBLEM.

If you are writing about a celebrity, you can get away with quite a bit, provided that the intent is not to harm the celebrity. If you write about the celebrity as if the celebrity's persona is real, probably no harm. If you write about a celebrity having sex with an underage person, BIG PROBLEM.

You need to use common sense. [I am not a lawyer, by the way.]

 

[deathlynx]

When in doubt, think about Dragnet... "The names have been changed to protect the innocent"

Heck, you don't even need to say it's an IRL fantasy...

 

[DV81]

lets say I use the name Mary which is the same name as someone who posts here.
That cant possibly be seen as defaming them since the name is so common. Even if I describe the persons appearance and the city they reside in, its all protected. Right?

 

[deathlynx]

lets say I use the name Mary which is the same name as someone who posts here.
That cant possibly be seen as defaming them since the name is so common. Even if I describe the persons appearance and the city they reside in, its all protected. Right?

Well, it's on the iffy side...there is a chain story AH Fantasy but the participants had to have been signed in (well you still could convince her)...the problem is that if there is any way to prove that it is meant to be a specific person and it matches then there's at least something of a case...

 

[Weird Harold]

lets say I use the name Mary which is the same name as someone who posts here.
That cant possibly be seen as defaming them since the name is so common. Even if I describe the persons appearance and the city they reside in, its all protected. Right?

Nope, NOT protected, but maybe defensible.

Suits for libel and/or defamation of character have been decided for the plaintiff on fewer corelations than you propose here.

The question remains exactly what you intend to write and whether it can be construed as recognisible as a possible plaintiff and/or whether what you intend to write can be construed as libelous or character defamation and/or whether the possible plaintiff is willing/able to file suit and/or Whether what you intend to write can be defended as Fair Use, Satire, or, the possible plaintiff is a "Public Figure."

Ask yourself if you would want the story written about you or a family member and choose accordingly -- would you be inclined to protest or sue?

 

[Stella_Omega]

Is there a reason that you MUST use her real name and her real city?

Why can't you take blond Mary from Cincinnati, and make her red-headed Sue from Detroit? I can assure you that the sex will still be good for your readers.

 

[DV81]

Is there a reason that you MUST use her real name and her real city?

because I don't believe a writer should censor his/her material.
btw, its not a sexual fantasy.

 

[BlackShanglan]

I think that the ability to write exactly and precisely what one wishes without the slightest acknowldgement of the wishes and desires of others is overrated, to be honest. Any writer who wants to write well needs to think about audience and purpose and make some effort to work with them.

It seems to me unlikely that you'd be asking this question if you didn't have some hunch that the person you're writing about might resent his or her inclusion in the story. It also seems to me that the only difference between calling the person Mary from Baltimore and calling her Ethel from Desmoines is that *she* and others might not realize that it's her. If that's the reason, then is a good one? You personally can see everything you want in the story whatever you call her. Is there a reason you want her to be identified? Is it a good one?

 

[Stella_Omega]

because I don't believe a writer should censor his/her material.
btw, its not a sexual fantasy.

Planning to dismember her, are you? What a lucky girl! I bet she's ever so glad to have run into you.

Well, son- think about this; No one is advocating censorship here. Impale as many hapless victims as you want.

On the other hand, one of the most important tools in an author's kit is his imagination. If you can only imagine your gory scenarios with real people and their real names-- then you are not exercising your entire intellect here. You are a writer, not a reporter.

Because yes-- there is an invasion of privacy issue here. The rulings have pretty much said that a celeb gives up a great deal of his or her privacy rights. But Mary is a private person, not a celebrity. And stalkers are creeps.

 

[jomar]

Yeah, I've got to go with Stella and BlackShanglan on this. It's not censorship to change names, hair color and towns so your fantasy object won't know it's them. so I have to think there are other motivations for you to think through. Though if it's strictly fanfic, the disclaimer is terrific.

 

[DV81]

Planning to dismember her, are you? What a lucky girl! I bet she's ever so glad to have run into you.

Well, son- think about this; No one is advocating censorship here. Impale as many hapless victims as you want.

On the other hand, one of the most important tools in an author's kit is his imagination. If you can only imagine your gory scenarios with real people and their real names-- then you are not exercising your entire intellect here. You are a writer, not a reporter.

Because yes-- there is an invasion of privacy issue here. The rulings have pretty much said that a celeb gives up a great deal of his or her privacy rights. But Mary is a private person, not a celebrity. And stalkers are creeps.

1. no, I never mentioned dismemberment, that is your assumption. Its also amusing to see you assume I was talking about a female.
2. as for the invasion of privacy thing, I am sure that does not apply.

also, I didn't say I can only imagine a story with gory scenarios. I said it is not a sexual fantasy. That leaves the door open to so many possibilities.

 

[Stella_Omega]

1. no, I never mentioned dismemberment, that is your assumption. Its also amusing to see you assume I was talking about a female.
2. as for the invasion of privacy thing, I am sure that does not apply.

also, I didn't say I can only imagine a story with gory scenarios. I said it is not a sexual fantasy. That leaves the door open to so many possibilities.

Mary is a man! Sorry-- I didn't get that at first.

I would say that if your fantasy involves you and this masculine Mary winning the Golden Cup on the soccer fields of Cincinnati together, you might not have much problem. Why don't you ask him what he thinks about your intended story? He might tell you to go right ahead.

 

[DV81]

Mary is a man! Sorry-- I didn't get that at first.

I would say that if your fantasy involves you and this masculine Mary winning the Golden Cup on the soccer fields of Cincinnati together, you might not have much problem. Why don't you ask him what he thinks about your intended story? He might tell you to go right ahead.

it is a nickname for someone named Marion, which is a male name.

anyway, I wont censor myself. I may post the story tonight.

 

[Stella_Omega]

it is a nickname for someone named Marion, which is a male name.

anyway, I wont censor myself. I may post the story tonight.

Glad we were of help to you.

 

[Just-Legal]

it is a nickname for someone named Marion, which is a male name.

anyway, I wont censor myself. I may post the story tonight.

*choke* Marion is a male name since *when*?

Maid Marion ring any bells?

 

[Stella_Omega]

*choke* Marion is a male name since *when*?

Maid Marion ring any bells?

It was John Wayne's real first name! You can't get more manly than that...

 

[Just-Legal]

It was John Wayne's real first name! You can't get more manly than that...

*teaspew* Yes, of course...

No, sorry, I'm still seeing my gay friend walk after a rather enthusiastic night...

 

[DV81]

*choke* Marion is a male name since *when*?

Maid Marion ring any bells?

the world doesn't work according to your standards.

btw, what is your name?

 

[jomar]

*choke* Marion is a male name since *when*?

Maid Marion ring any bells?

Yeah, I'm familiar with the feminine version myself.

 

[Just-Legal]

the world doesn't work according to your standards.

btw, what is your name?

It wasn't "my" standard, it was a historical example.

My name is Helen, and we'll go for the obvious historical example - Helen of Troy.

Edited to add: And yes, I'm very female as Stella will attest

 

[jomar]

It was John Wayne's real first name! You can't get more manly than that...

Who, old twinkletoes?

 

[Just-Legal]

Who, old twinkletoes?

I thought that was... wait... DAMN I forgot his name! Did "Dancing In The Rain"... blergh I need sleep if I'm forgetting that...

 

[DV81]

It wasn't "my" standard, it was a historical example.

My name is Helen, and we'll go for the obvious historical example - Helen of Troy.

well, Marion can be a male name.

but, I decided the character for this story will be Barbara.

Thanks for the feedback.