Same applies for using look-alikes or sound-alikes. If what you describe could never be true, then it is not a statement of fact.
Better yet, wait until your target has passed away. Right of Publicity claims are limited to: Yet every fiction writer bases characters on real people. Implied endorsements or relationship: If you base a fictional character on a living person, mask identifying features. Typically, the target must be a living person, but companies and organizations have sued for defamation.
The target must have a reasonable expectation of privacy. Many public figures require their staff to sign tough confidentiality agreements.
To reduce your risk of being one of the unlikely few, authors should consider the following: Memoirists and nonfiction writers identify people by name.
However, if what you write about identifiable, living people could be seriously damaging to their reputation, then you need to consider the risks of defamation and privacy and how to minimize those risks. When speculating, be clear you are taking a guess.
Jane Doe, a bystander, appears in the picture, a true fact. Rely on publicly-disclosed information, such as court documents and news reports wherever possible.
If you are writing a non-fiction book, you may mention real people and real events. Think about the small players. Oprah won the case.
Change physical details and life histories so the character is not recognizable. Whether the person is a private individual or public figure, you would be liable for damages, including punitive damages. A movie star lounging topless on a yacht should not be surprised that a camera with a long lens is pointing her way.compensation and benefits reference guide benefit category unit code unit representative city manager or asptea pesticide application not applicable responses to “How to Use Real People in Your Writing Without Ending Up in Court”.Download