Legal Considerations When Using Real Names in Fictional Character Names
Both as a writer and as a reader, the use of real names in fictional characters can raise important legal concerns. This article explores the nuances of using real names in novels and the necessary steps to ensure you comply with legal standards.
What Constitutes Legal Permissible Use?
Every name, even our own, is a reflection of a unique identity. When creating fictional characters, it's crucial to consider the legal implications of using real names or names closely resembling those of real individuals. While it may seem natural to use someone else's name, doing so can lead to legal issues, especially if the character is based on a real person.
Using Real Names in Movies
When casting actors for a film, ensuring they use their real names as their character names can be seen as a sign of disrespect and a lack of creativity. This practice might also lead to awkward situations on set. It's always better to come up with original and unique names for your characters.
Copyrighted Stories and "Semi-True" Stories
In terms of copyrighted stories or "semi-true" stories, the individuals involved have the right to claim a percentage and must be consulted before the use of their names. Any attempt to use their names without permission could lead to legal disputes and financial penalties.
Fictional Stories and Name Usage
For purely fictional stories, using someone's name without permission is generally not permissible. The absence of a clause stating "All names and characters are in no association with people of same name" could lead to legal issues, especially if the character portrayal is negative or harmful.
Legal and Ethical Considerations
Even if the name is just a first name, if it aligns closely with a real person's other characteristics, you should obtain permission before using it. The New York Times once addressed an important issue regarding the likeness of a person being subject to copyright, which led to a case where an author had to change the name and other aspects of the character to avoid legal issues.
Disclaimer and Permission
To avoid potential legal problems, it's advisable to get written and notarized permission from the individual before using their name. If you choose not to obtain permission, consider using a disclaimer, such as: "The character of John Smith was named in honor of one of my friends. While the character shares his name, the character is fictional and does not depict the true nature of my friend."
Additionally, if the character is based on a real person and you decide to negative portrayal, it's important to have their permission and to avoid libel or defamation.
Conclusion
Using real names in fictional characters requires careful consideration and compliance with legal standards. By following these guidelines, you can ensure that your work remains both legally and ethically sound. Remember, respect for individual rights is key, and obtaining permission when necessary is the best course of action.