guys, would I be breaking any rules or laws if I used the name of a porn star or celeb in a story ??
guys, would I be breaking any rules or laws if I used the name of a porn star or celeb in a story ??
There are plenty of stories here that use real people's names. Cold Creek had Emma Watson as a recurring character in one of the Dman stories.
Not sure where the line is for defamation or slander depending on how that person acts in your story, though.
As The Outsider mentioned, depending on how you have them act, there's a risk of being sued for defamation (slander/libel).
The other potential legal risk is that some jurisdictions recognize some form of name and/or image rights (sometimes called a right of publicity).
Liability against a violation of name/image rights would be similar to copyright/trademark.
Apart from the things others already mentioned, there is a catch about believability.
An author here wrote some stories set in Randall Garrett's Lord Darcy universe (Anglo-French Empire still ruled by the House of Platagenet with magic as a science). He avoided inconsistencies with Garrett's descriptions of the situation in Europe by setting his stories in the North American part of the empire.
But he let Bill Clinton be an administrator of some part of the realm. This did it for me. With such different history for centuries and knowing Bill Clinton was born William Jefferson Blythe III, it was too unbelievable a Bill Clinton look-alike with the name Bill Clinton could exist in this universe and come to power. This wasn't the first prominent name he used in the stories, but the appearance of Bill Clinton killed the series for me. I deleted all the other stories already saved from my disk.
If your story is set in an alternate world it's necessary to describe the person with a famous name quite differently than their namesake.
This would also help in other settings, you can't get problems if you describe your 'Gina Lollobrigita' as statuesque blonde of Scandinavian origin.
BTW, there is a Baen book (a collection) titled "The many Deaths of Joe Buckley". Joe Buckley was an obnoxious participant of the discussion forums at "Baen's Bar" and many author's used his name in their books to let him – often horrible – come to death.
Baen Books finally collected these scenes in this book.
AFAIK, even other authors used the name 'Joe Buckley' when they needed a name for someone killed.
HM.
I suspect this may be a case where national laws matter.
In the United States, the odds are incredibly low that anyone:
1) Would sue, and
2) Could win.
This is true even if the person you're including is not a celebrity, and even if you are painting them in a significantly negative light.
For instance, see Tyne v Time Warner Entertainment Company (2003): https://caselaw.findlaw.com/court/us-11th-circuit/1456003.html
The case concerns the book and film 'The Perfect Storm'. This case is a 'perfect storm' for use of real people's names:
1) A popular, widely seen portrayal of the real people, and
2) In a manner that was:
a) Not historically accurate, and
b) Painted them in a very bad light, and
3) A defendant with deep pockets (and thus motivation to settle), and
4) In a state with a law unusually friendly to such suits.
The defense still prevailed on First Amendment grounds.
I would strongly suggest a disclaimer along the lines of 'This is a work of fiction. Unless otherwise indicated, all the names, characters, businesses, places, events and incidents in this book are either the product of the author's imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.'
Mind you, it's obviously the case that, when I use 'Michael Dell' in my story, it's not 'purely coincidental' in my view of that term, but my 'Michael Dell' is fictionalized. By the nature of my story, he's also in an alternate universe where there are significant deviations with ours, but even if he wasn't, the odds of winning are ridiculously low and the damages are non-existent.
Also see https://www.thebookdesigner.com/getting-creative-with-book-disclaimers/.
Right of publicity is unlikely to apply to fiction, unless you write a major best-seller (and probably not even then). Right of publicity claims require both commercial use on the infringer's part and a likely reduction in the commercial value of the plaintiff's image.
See: https://www.dglaw.com/wp-content/uploads/2021/09/Klausner_Edelman_Expert_QnA_Right_of_Publicity.pdf
Note also, when reading that, that there's another part to it. If there's a First Amendment claim, which would be the case for any fiction work, the infringement would have to be judged by both the 'relatedness test' and the 'transformative test'.
For 'relatedness', the celebrity in question must be sufficiently related to the potentially infringing work. In a very long work where 'Michael Dell' appears on a small subset of pages, starting in the second book, and has never been listed in any story description (e.g. 'marketing'), it would be hard for him to be related.
For 'transformative,' the work either must transform the character in some way (i.e. the further apart from reality you are, the better) or the work itself must be 'transformative' (see lots of fair use resources on that).
Also note this, from the referenced article:
"... it [the Ninth Circuit] held more broadly that the
First Amendment fully protects the retelling of real-life stories of both ordinary and extraordinary people in books, movies, and plays. (Sarver v. Chartier, 813 F.3d 891, 905-06 (9th Cir. 2016)"
Which means that, if you're telling a real-life (but fictionalized!) story, you might be covered that way.
Basically: write a disclaimer (because you'll feel better, and because - in the exceptionally unlikely event you receive a Cease and Desist - you can point to it), then don't worry.
In my I-am-not-a-lawyer opinion, that includes writing celebrity fanfiction in which Celebrity X is a total train wreck of a human being and does awful, lewd, disgusting, kinky, and outright squicky things to other people and has awful, lewd, disgusting, kinky, and outright squicky things done to them as well, and all of the marketing for the work is 'read the explosive expose about Celebrity X!' - but that's my reading of the law. Anything short of that? You're probably fine.
I am not a lawyer. If you're really worried, talk to one. But I can't find anything out there that suggests you should be worried.
As noted above: this is United States-based advice. Other countries may be wildly different. If you're US-based, it's exceptionally unlikely that someone from another country will sue you.
Even when not technically illegal, it's one of those things that a lot people consider to be in bad taste. Most dead tree authors will use names that are obvious, but changed.
For example, in one of John Ringo's "Black Tide Rising" books he references Mick Mickerberg, the founder of FaceSpace. A later book in the same series has Anna Holmes, child star of the Wizard Wars movies.
Another book I read years back had a character stop for lunch a McDougal's, instantly recognizable by the Emerald Arches.
Even if you're writing a fanfic of a specific person or character, it's really not that hard to make these kinds of changes. Your intended audience will be able to figure it out and people who aren't into that one person can still enjoy the story with limited suspension of disbelief.
I would disagree, but then that's likely obvious. It really depends on the nature of the story and what you're doing with it.
I'm writing a story that's specifically an alternate universe story with what will inevitably become an alternate history. It would make little sense for me to have Ronny Ray Goon as the President of the United States, or Mack 'Ale' Dale as the founder of a major computer corporation, or Phylum Slappy as a major anti-gay crusader, and so forth. For that matter, should Mike Dale Charter have shot the famous British singer James Lemon? How does that serve the plot?
None of that serves any purpose, really. Most people (especially Americans) will know who the real people are - I think. But it becomes increasingly inaccessible to people who aren't up on the 1970s, especially non-Americans.
How many people know who Phyllis Schlafly is anymore, anyway? Among politically in-touch Americans of a certain age, probably at least a fair number, though I'm biased by being around people who 'know things'. It's depressing when you watch one of those 'man on the street' shows and people can't name even one Supreme Court Justice, or their own Senators, or whatever.
Anyway, sometimes that's fun or funny or cute. The examples you gave are. But I take that as a nod that we're in another Alternate Universe, one that's far enough removed from ours as to be really different.
As an example, consider rlfj's 'A Fresh Start'. Would readers really be better served by Scoot Gerwich and Gary W. Shrub instead of Newt Gingrich and George W. Bush? It's cute for a few minutes, but those characters matter to the story (and they should matter, given what rlfj was doing). His Newt may or may not be quite our Newt, but he's pretty much 'Newt,' not someone who's only sometimes somewhat like 'Newt.'
For the flip side of that, and keeping with rlfj as an analogy, his 'Adventures In Southern Law Enforcement' series has a very important character who's a singer/performer. She's likely a blend of some real celebrities, but I didn't need to figure out which ones, because she's clearly in an alternate universe - there aren't events that sync up well enough in our universe to say 'Oh, yes, that's so-and-so!'
It's a judgment call. If it matters who the real person is, then calling them something else is pointless. If it doesn't - or if you're making someone who's a blend of people - call them something else.
Mind you, that's all for celebrities. For non-celebrities, it often makes far more sense to give them another name. Sometimes, though, verisimilitude works better if they're tied to real people, even if those real people don't matter plotwise.
Your mileage may vary (as with all writing advice). Do what works for you and your story.
As for dead tree authors: writers of historical fiction and alternate histories would disagree that it's frowned upon or in bad taste, as will writers of dramatizations of real events, biopics, and what have you. How many movies come out a year where the characters are 'real people,' yet the story is fictionalized to one extent or another?
Speaking of which, and for those who haven't seen it, go watch 'Weird: The Al Yankovic Story'. Tons of real people, almost none of whom are historically accurate - including the title character. It's also a lot of fun (at least if you like Weird Al).
Or watch 'Being John Malkovich' and try to decide if the story would work as well if one didn't call the 'John Malkovich' character by that name. Ditto 'The Unbearable Weight of Massive Talent' - would calling the lead character anything but 'Nicholas Cage' have the same impact?
Or, heck: 'Abraham Lincoln: Vampire Hunter'. Or 'Dick'. No one would confuse either with an accurate portrayal of the titular President, but calling them Arnold Lancaster and Ricky Nackson would wreck what each of them was going for.
As for dead tree authors: writers of historical fiction and alternate histories would disagree that it's frowned upon or in bad taste, as will writers of dramatizations of real events, biopics, and what have you.
Sorry, I should have specified that I was talking about living or current people and institutions. Although I think that uses in historical fiction would fall under my caveat about "a specific person or character". In historical fiction the whole game is to reference real people.
While I get what you're saying, I think Being John Malkovich is a bad example of your point. Given that Malkovich is both in the film and was explicitly approached for permission, it's a very different situation than an author just randomly including a named celebrity as a character in their piece. Charlie Kaufman was approached several times with offers to produce the film with a substitution for the Malkovich character but he intentionally held out for Malkovich.
I partly agree about 'Malkovich' - but Kaufman held out for the right reasons.
I'll stand by the other examples, though - with or without permission.
I don't really agree about 'living or current' (though that's obvious). Again, I'll reference rlfj - what point would there be in renaming George W. Bush or Newt Gingrich (both of whom are still alive)?
'Historical' includes 'living history'. If every book set in the 1990s or 2000s had to fictionalize the names of Presidents, businesspeople, pop stars, and whatnot, they'd lose a lot of relatability, in my opinion.
There's a YA novel (I've forgotten the name now) where Nirvana's 'Nevermind' is very important to the plot. For those who made the connection, it would be no worse (but no better) if the author had called it Sartori's 'Oh Well', but much worse for anyone who couldn't make the connection.
How many people know who Phyllis Schlafly is anymore, anyway? Among politically in-touch Americans of a certain age, probably at least a fair number, though I'm biased by being around people who 'know things'. It's depressing when you watch one of those 'man on the street' shows and people can't name even one Supreme Court Justice, or their own Senators, or whatever.
Tangentially, note that those are cut to show the interviewees in the worst possible light. There's no entertainment value in the people who answer the questions right.
I saw one of those bits recently where they were trying to prove how stupid Zoomers are by asking them trivia questions about politics from before they were born, and when they cut back to the anchors, they were all smugly smirking because stupid Zoomers didn't know who the President was in 1992, when everybody knows that it was Bill Clinton.
(Note for people unfamiliar with the American political system or recent history: Bill Clinton was elected President in 1992, but he didn't actually take office until January 1993. George H.W. Bush was President for all of 1992.)
As for Phyllis Schlafly specifically, she's had at least one fictionalized bio piece done about her recently, so probably more people than you think know at least generally who she is.
(I know who she is, but fuck if I can spell her name.)
((One of my Senators is a meme because he's the only one smart enough to show up for an outdoor event in January with a warm coat and mittens. Probably more people can name my Senator than their own.))
Most dead tree authors will use names that are obvious, but changed.
Not with Historical Fiction.
My novel "Lonely War Widows" is historical fiction. I have real events, places, and people in it. That's what makes it historical.
Real events like Pearl Harbor, the invasion of Sicily, the Battle of Anzio, the 1948 Italian elections, etc. Real places like Camp Bowie and the town of Brownwood (but with a fictitious bar called the Brownwood Bar), "The Dallas Morning News," a real newspaper that still exists, etc. Real people like General Mark Wayne Clark (who commanded Allied forces in the Italian Campaign (1943–1944), Coach Cherry (University of Texas baseball coach at the time of the story), Sam Bannon (head of the sports section of "The Dallas Morning News" at the time of the story), etc.
But even in my novels that are not Historical Fiction, I use real stuff. Like Elvis, Milton Berle, and Miles Davis in my novel "The Nymphomaniac."
I don't use any of the real stuff in a negative way where I could be sued. And I do have the following: "This is a work of fiction. Names, characters, organizations, places, events, and incidents are either products of the author's imagination or are used fictitiously." So when General Clark visits my fictitious MC in the hospital and gives him medals, it's a real person being used fictitiously.
I agree about historical fiction.
I have been writing a story about fictional members of a Platoon / Company in the US 4th Infantry Division. I am including the real names of several senior officers, and other individuals. I note that the historical characters I depict I am using documented events. Or "generic" dialog that would be expected of an officer of their rank and duty position.
Such an instance is on December 8th 1941, when Major General Terry de la Mesa Allen, then the Division Commander spoke to the assembled members of the 4th Division about the attack on Pearl Harbor, shortly before POTUS Roosevelt declared war upon the empire of Japan. I have no source for his exact words, but the men had been on a "war footing" for some 12 hours, and rumors were rife. So, I have him give a brief speech about what would have been known to a Division Commander at Fort Benning, Georgia. It also informs any readers not knowledgeable about history.
Similarly, on June 6th 1944, Brigadier General Theodore Roosevelt Jr greeted many soldiers landing in the first 4 waves on Utah Beach, and often assigned "amended" orders, because everyone landed a mile from where they were supposed to. There are hundreds of testimonials, although many are, "General Roosevelt said something like..."
I know within a couple of hundred meters where, and within 15 minutes where the historical Platoon landed, so, I am filling in details of a known larger event. (There is some slightly conflicting information from 2 different Official sources.)
This is exactly what was done in the book, and movie: The Longest Day; and dozens of other books, movies, and TV shows, such as Band of Brothers.
In the UK, a civil servant wrote porn stories (some of which were on here- may still be) and used the names of real people. One of those people complained (I think it was one of the WAGS of a footballer) because she was snuffed (regularly and a lot). He was traced and arrested.
Whilst the UK may not go after a foreign nationals, if you happen to reside in the UK, then you are fair game for UK LEA.
Personally, unless you are writing an autobiography where you are describing actual facts, then I wouldn't use the names of people who are still living in situations where their use could be deemed slanderous or otherwise detrimental to their character... Or at least, don't use the names of people with lots of money and aggressive lawyers...
Edit: I Googled it. It was 13 years ago (Where does the time go!)'Girls scream Aloud' featuring the girls in the band 'Girls Aloud'. The case collapsed on the first day.
https://en.wikipedia.org/wiki/R_v_Walker
Edit 2: I see that at the bottom of the Wikipedia link, it actually has a link that takes you to the story. I had a glance and at the bottom of the story, it says "Author's note: the named celebrities in this piece are fictionalised representations of themselves. I do not condone in the real world any of the acts described in this work."
Which didn't appear to have any legal bearing on the matter. Which is worth noting, I suppose.
There's a western story on SOL involving an army fort where all the officers and enlisted men's names are characters from M*A*S*H.
I have no idea why, and it detracts a bit from the story.
It's an anachronism.
Kind'a like having the wagonmaster announce "Folks, we'll be hittin' the trail west at sun-up tomorry - ifn' I kin get the A/C in my prairie schooner fixed."
There's a western story on SOL involving an army fort where all the officers and enlisted men's names are characters from M*A*S*H.
There is also one here that involves the BBC show Red Dwarf.
My big story is set in 1979 and a new project not yet published begins in 1935. The fictional characters will be aware of and comment on politicians, athletes and entertainers, so those people not actually in the story get their real names. The same for stores and restaurants that the characters visit, as long as they are portrayed accurately and neither those establishments have any possibly objectionable role. The Sheetz convenience stores had condom dispensers in the restrooms in real life and therefor they do as well in the story. The main town is never named and the schools and close by towns have their names changed simply to avoid the average reader from knowing exactly where the story takes place and possibly identifying me. Readers from here will likely figure out where I'm taking about but those from outside likely not. Names of real life inspirations of characters are changed to protect the guilty, although I use common local surnames as much as possible.