Writing Celebrity stories without getting sued

[AbsolutLolita]

If I wanted to have a story posted about an erotic FICTIONAL encounter with a celebrity and myself... what do I need to do so I won't get sued?

Would this kind of thing be protected by free speech?? Or should I save myself the trouble and change a few letters of this celeb's name???

 

[nasty]

What ya gotta do is

Just write the story. If you feel like it, you can put a disclaimer at the beggining of the story. Butspeaking from personal experience, you don't need to.

 

[AbsolutLolita]

Oh the story is written

I just know how this celeb is on his privacy and rabid fans, I don't blame him one bit either considering what he does. I know damn well too that probably the worst possible thing that could happen is my story could be removed... I'm not using my real name... but still I worry (about everything).

Anyone here thought about the celeb you wrote a story about reading it and getting pissed???.... or *gasp* turned on?!?! It would probably make me like that celeb more if I knew they were a literotica.com fan!!!

 

[Guest]

Isn't Satire Legal

Dammit, Jim, I am a writer, not a lawyer. But if I understand correctly, you can legally write satire about celebrities and factual events. Unfortunately, I'm not positive, so I would appreciate if any person who knows for sure would comment.

I guess the other issue is whether sex stories about celebrities are considered satire....hmmmm????? Have to think about that one. I do believe that it is important and safest to not in any way represent the story as true, to be specific that it is fiction.

 

[rabo]

from a law student

ok...disclaimer FIRST...I am a law STUDENT!!! This means that the following is not legal advice and following it in no way should implicate me in your decision, I am merely reporting my understanding of the first amendment and the way it has been handled in recent years. And I will add that my exposure is limited, so follow my word at your own risk, but know that the material is available for you to peruse if you so choose.

You are in fact allowed to parody, this decision is fairly well known and involved a certain men's magazine and a certain preacher in the early 80's. So as long as you make no claim that the events occuring in your story ACTUALLY took place you should be fine. Putting words or actions onto a person is usually not allowed, but because you are an amatuer (assumedly) I doubt than any huge problems could arise. Because of their celebrity status the stanards involving them being able to sue you for defamation are significantly higher than if I were to write a story involving me and a neighbor and posted it around my building...thus causing her some embarrassment (although one never knows, maybe some elation would come of it?). The standard for celebrities is much higher as they are public figures already. This is why newspapers only have to confirm information to the extent that they can. Because they are reporting the events to be true the report could damage someones reputation in the community. As for fictional works, as long as your story doesnt claim to be real, and you dont send it to every major newspaper as a press release, you should be ok...but once again...this is not advice, just my opinion which I am sharing unsolicitedly to you. So, do what you wish, and I wish you the best of luck.

Rabo

 

[AbsolutLolita]

Thank you very much Rabo!!!

Sounds like good advise to me. Thanks again!

 

[rabo]

my pleasure...although I reiterate we were jsut talking...

not a problem...if you happen to remember email me a copy or at least the title of the story...just out of curiosity...
have fun,
rabo