“New Suits Could Chill Writers’ Use of Own Experiences”

by Walter Olson on June 28, 2010

Two lawsuits filed last month claim that writers improperly based fictional characters on the complainants. [Matthew Heller, OnPoint News] A much noted case last November, in which a Georgia jury awarded $100,000 to a woman who said she had been wrongly used as the basis in part for a character in the novel “The Red Hat Club”, may have encouraged the filing of such suits.

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Rightwing Links (June 28, 2010)
06.28.10 at 2:41 pm

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1 Frank C ostanza 06.28.10 at 11:41 am

Then why mention publicly that some material is factual if you’re writing fiction?

2 Benjamin 06.28.10 at 12:06 pm

I write military science fiction and yes, I have based characters on people I knew during my time in the Navy. If I get sued, at least I’ll have the ridicule factor when I ask them on the stand if they ever flew around in spaceships. I do use different names and the descriptions are not the same.

3 Bob Lipton 06.28.10 at 2:31 pm

“Yes, I am the frightful harridan who lies constantly and has sex with small domestic animals. ”

Bob

4 Leafs 06.28.10 at 2:36 pm

Writers are now falling into the sued if you do and sued if you don’t category.

Write an autobiography but add a little fiction – get sued.

Write a fictional story but add a little truth – get sued.

If I write a true story with a lot of fiction, does that make me a lawyer?

5 Joe 06.28.10 at 7:34 pm

Stories have to come from SOMEWHERE. No story is entirely made up from someone’s imagination. This is getting to be silly.

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