by Anne R. Allen
Recently I got a furious Facebook message from a stranger who accused me of “using her life” in one of my books. It’s amazing how sometimes life imitates fiction.
She had apparently been a Facebook friend, and she dramatically unfriended me after sending a distraught DM describing the traumas in her life that I’d “stolen”.
Since she’d blocked me, I wasn’t able to assure her that Leona Von Schmidt, one of the suspects in The Queen of Staves, is an entirely fictional construct—a comic character who is not meant to resemble any real inhabitant of Planet Earth, living or dead.
When I wrote the book, I’d known nothing about the details of the Facebook woman’s life that she accused me of revealing. (Although of course I know them now. Some things can’t be unread, alas.)
Life Imitates Fiction More Often Than You Think
This is not the first time I’ve had to deal with the life imitates fiction syndrome. They’re remarkably common. I think these come from the human need to find patterns—even where none exist. When mixed with fear and paranoia, those bogus patterns can turn into conspiracy theories or an outburst like that Direct Message I got on Facebook.
In fact it happened with my very first published fiction piece—a story I wrote for the newspaper of a high school where I was the “new kid” at the age of sixteen. It was a silly story about how a football team lost when a school was divided by squabbles between the team and the pep squad. The satire was so ham-handed, I called the protagonists Joe Jock and Cherry Cheerleader.
I’d been at the school such a short time, I didn’t even know there was a cheerleader named Sherry dating/squabbling with a football player named Joe.
After my story came out, Sherry accosted me in homeroom and said—
“I hope you’re happy. Joey and me broke up.”
I sat in stunned silence. No cheerleader had ever even spoken to me—and I had no idea what she was talking about.
She went on to accuse me of listening in on her private conversations.
When I realized she was talking about my story, I was torn. First, I seemed to have created something remarkably lifelike—with my own little pen. My writer self was saying, “Yay me!”
But any time somebody accuses you of something you haven’t done, you feel abused by the sheer injustice of it.
Both incidents felt sort of woo-woo and creepy.
But through the years, I’ve had this happen so many times, I realize it’s not unusual, and new authors need to be aware it will probably happen to them at some point.
When The Fictional Stuff Hits the Real-Life Fan.
This situation happened to a bestselling author friend several years ago. She created a trans character in a novel who came—like all her other characters—from her imagination. But because she had a trans person in her family history—the (estranged) family member accused the bestseller of “stealing her life” although nothing in the book remotely resembled that person’s actual real life.
The book got swarms of one stars and angry reviews from the Permanently Offended Community. They even picketed an awards ceremony where the author was receiving a prestigious award.
Unfortunately, we can run into real legal trouble when this kind of stuff happens. And it’s amazing how people think they recognize themselves in purely imaginative fiction.
We bring some of this on ourselves with jokes like “Careful, or I’ll kill you in my next novel.” But the truth is most fiction writers don’t like to write about real stuff.
If we did, we’d be writing nonfiction, which pays better. 🙂
But a lot of people do presume all novels are thinly disguised autobiography.
I do have to admit I’ve tried to skewer a few real people in my fiction, but it never works. The character always takes over and makes herself sympathetic, and/or entirely different from the person on whom I tried to perpetrate my literary revenge.
That’s because novelists can’t help making things up. It’s what we do.
As John Steinbeck said— “I have tried to keep diaries, but they didn’t work out because of the necessity to be honest.”
But a lot of non-writers don’t get this.
When You Do Base a Character on a Real Person
But what if it’s not coincidence? What if a story a friend has told you about his past wanders into your fiction? Or a character resembles someone you know? This is not life imitates fiction, but the other way around.
“That awful mother is supposed to be me, is it?” says your mom, looking teary.
“Of course not,” you say. “It’s fiction.”
Although maybe, now that you think of it, the bad mom is a little like your mother when she first started getting those hot flashes…but no, Bad Mom is more like your childhood friend’s awful Aunt Philomena. Yes, definitely there’s some Aunt Phil in there. Funny, you never thought about her when you were writing the novel, but there she is, saying those nasty Aunt Philomena things.
Do you owe Aunt Philomena an apology? Should you find out if she’s still alive and ask permission to put her vicious remarks in your novel?
I don’t think so. We can’t be expected to keep our memories out of our fiction. As Isabel Allende says, “writing is a journey into memory.” What does your imagination draw on but what’s in your memory banks?
What a fiction or poetry writer does is take tiny fragments of memory and make an original mosaic that is “the lie that tells the truth.”
But we do want to make sure when we base a character on a real person that we don’t use real names or other identifying characteristics. Ruth wrote about that in her post on How to Turn Real Life into Bestselling Fiction.
Use real people as inspiration, but let your imagination do the rest.
Because if you stick too close to the factual details, you could be open to lawsuits.
Legal Repercussions of Basing Characters on Real People
For the people who don’t understand the nature of fiction, I sometimes joke that writers should Mirandize everybody we meet. Shake hands and say: “I’m a novelist. Anything you say can be taken down and used against you in a work of fiction.”
Unfortunately real Miranda rights don’t help fiction authors and if people can genuinely see themselves in your novel, you can end up in deep legal doo-doo.
I’m talking nasty lawsuits. It’s amazing how many people sue creatives on flimsy evidence if the creative has some financial success.
It probably happens with pop music more than anything. Obscure bands will claim that a three note progression in a major hit comes from something they wrote years before. And lo and behold, that three note progression is right there in the Obscure Band’s work.
That’s because creative minds tend to go along certain thought patterns, and can come up with similar tunes, ideas, or stories. Nobody’s stealing anything. The elements are out there in the culture and many minds put them together in the same way.
However, sometimes there is deliberate malice in an author’s portrayal of real people. There was a case in Portugal a few years ago where a women’s family sued her—and won—after she self-published a barely-fictionalized portrait of her in-laws that was a good deal less than flattering.
It cost her a bundle. So make sure you cover your butt if you use real people in your stories.
The situation is a little different if you use a “public figure” like a celebrity or well known politician. Usually you can do this. You can show your protagonist meeting Elvis, the Pope, or Kim Kardashian. But don’t libel the public figures when you do it. That’s when you’re likely to meet a lawsuit.
Decrease the Chances of Lawsuits with these Guidelines:
- Avoid using a non-celebrity person’s real name (or even a close imitation. If you write nasty stuff about somebody named Jessica Fine, and call her Jennifer Fink, Jessica might figure it out.)
- Never use a real person’s image whether or not they’re famous. It’s illegal to use anybody’s image without permission. Even if it’s a photo you took yourself.
- Don’t use anybody’s real name to sell your book without their permission.
- If a character is based on a real person, don’t make him a bad guy. If you have Tom Hanks save a drowning kitty in your book, you’re much less likely to be sued than if you make him responsible for perpetrating the drowning. (Even if you call him Tim Hinks.)
- Don’t make them ugly, either. In the case of the Portuguese writer, she portrayed her mother-in-law as an ugly woman with bad breath. But if you portray your ugly mother-in-law as looking like J.Lo—there’s much less likelihood she’ll sue.
- Don’t follow a real story exactly. Change the timeline, the period or the setting—or all of the above—and similarities will be harder to prove. And they allow more room for your imagination to be creative.
- Always put a disclaimer at the beginning of the book, saying, “This is a work of fiction. Any resemblance to actual events or persons, living or dead, is purely coincidental.”
What about Memoir? What if your Real Life Reads Like Fiction?
That’s what you want. A memoir should read like a novel. But you do need to use real people, and follow the facts. Changing names can help real people from being recognized, but there can be hurt feelings. Also people who were involved will always tell you “that’s not how it happened.”
That’s because you are both looking at something through the lens of memory, which is by nature faulty and colored by emotion. Jane Friedman has a great piece on “The Fallacy of Memory” that shows how time and emotion distort what we remember, especially about an emotional event.
Using that distortion can often make the story more vivid, so don’t worry about getting everything perfectly “factual” because nobody may be in possession of all the facts.
Fact or Fiction?
The important thing for every writer is to decide if you want your story to be fact or fiction and then commit to it.
If you want to write true crime or a factual, detailed history, that’s great and they can be very popular, but you need to get your legal ducks in a row and always get permission.
If you want to write fiction, let the story take you wherever it wants to go. Stay true to the story, not the factual events.
Let the characters lead you. Don’t try to cram them into the “that’s what really happened” box. Fiction needs to flow. Real life doesn’t. You may have to skip precious, memorable scenes because they don’t further the plot, or take people out of a scene who overshadow the protagonist.
Also, many things that “really happened like that” are totally unbelievable in fiction. Consider our current world politics. Would anybody have believed this stuff in fiction a few years ago?
Good fiction is inspired by real life, but it doesn’t imitate it. Fiction may not tell “the facts” but it tells the truth.
Unfortunately none of this will help when dealing with people who project their own issues onto your fictional characters. I don’t know any solution to this problem but to try to steer clear of people who are obviously paranoid or mentally unstable. I had seen several red flags with the woman who thought she was Leona Von Schmidt. She’d posted rage-y stuff on Facebook, and appeared to have narcissism issues. But there’s no way I could have kept her from buying my book. Maybe she does this to every author she reads. I guess we have to consider this stuff part of the job. Sigh.
by Anne R. Allen (@annerallen) February 2, 2020
What about you, scriveners? Do you find life imitates fiction for you? Have you had an experience where the product of your imagination appears in real life? Did people get miffed? Have you put a real person in one of your novels? Did they recognize themselves?
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Anne—Thanks for an illuminating/discouraging post. Basically, writers are often stuck between the narcissism and cluelessness of others—either they have *no idea* what they’re like OR they think everything is about them. lol
Add into the mix is the fact that most people also have no idea what writers do and how we do it. Double lol.
Ruth–I guess it is discouraging. I thought I should let writers know this sort of thing does happen, and it’s normal (if unpleasant) and part of the job. Narcissism and Cluelessness are everywhere.
And yes, part of the problem is that non-writers have such weird ideas about what we do.
Hey Anne,
Whew. I guess it’s good thing I’m not one of those high-paid NF writers. Thanks for another fine post.
CS–My nonfiction outsells my fiction by about 5 to 1. Or more. Just the way it is. Too bad I’d rather write fiction. Sigh.
Thank you for this helpful information, Anne.
When I borrow someone’s life story for my fiction I get their okay–share the story with them–before sending the story to a publisher. I’ve had to do this twice and it was a very positive experience for all.
Leanne–Permission is the key. If you tell people you’d like to tell their story, they’re often flattered. Giving them a chance to read it before publication is a great way to make sure there will be no surprise outbursts once it’s in print. Sounds as if you’ve been doing it just right.
Excellent post, very useful as always! And I immediately bought your book Queen of Staves, can’t wait to read it.
Anne, I agree with Ruth, there’s really no way out of this. The only think one can do is make sure the legal disclaimer is there, up front, that any resemblance to anyone is pure coincidence. Which of course it is.
Amazing though how damaging Facebook can be for human relations. We’re far from Zuckerberg’s dream!
Claude–It’s true that this kind of thing is inevitable, and we need to cover our butts with a disclaimer. And you’re right that social media can be very tough on human relationships. We never know who’s “friending” us. If you consider the number of people with mental illnesses, some of those “friends” are bound to have serious issues that can make them dangerous and unpleasant.
Thanks for buying my book! I had a lot of fun writing this one. 🙂
With story ideas, there are no new ones, and the same with characters and people. We just have to tell it unique. I’ve not used anyone I know (to my knowledge) and so far no one has accused me of using them. Someday it might happen though.
Alex–That’s it. There are no new plots. Just new ways to tell them. And yes, somewhere down the road somebody may see themselves in one of your books. All we can do is smile and figure we did a good job of creating a believable character.
This is why I never friend or ask to be friended to anyone I don’t know in real life. I follow people, that’s all. Mostly family. Some can be difficult, but that’s family. I think those who see themselves in novels are truly seeing themselves, and they cannot handle what may be an unpleasant truth. I have read stories where I could seriously identify with a character, and it seemed like the author knew my life. I never get upset; I think it shows the skill of the writer in creating a book that can connect with people. If I can’t see a little of myself in a story, then it doesn’t have as much meaning for me. And that includes seeing myself in far from perfect characters.
Missi–It’s true. What we aim to do as writers is create characters that readers can identify with. That’s our job. If people see themselves, it means we’ve done that job, not that we’re “stealing” anything. As I said, I didn’t know this woman from Adam. But because of some mental issues, when she saw herself in my story, it made her angry instead of happy.
One of my sisters asked me if I had based a character off of her, simply because the character was snarky and outspoken. (I had not even thought of her while writing) The only similarity I saw was that the character in question was the sister of my main character!
Great article Anne!
Sharon–Those relatives can be problematic can’t they? I think some people who know us well look for themselves in our books. So they’ll twist things around to try to make the book about them.
I admit I’ve been guilty of this myself. Many years ago I had a brief encounter with a famous novelist. When his next book came out I read it eagerly, hoping to find myself. I did find he used some things I said about wine, which made me happy–knowing I’d had some kind of impact on him.
Interesting post with lots to consider. I have read that if something is on the public record, then it’s ok to write about without fear of legal repercussions. Also, I have read that people can threaten to sue for defamation but it’s not an easy process and a lot of them don’t follow through.
Naomi–It’s true that it’s a lot easier (and cheaper) to threaten to sue than it is to actually do it. Although pretty much anybody can sue anybody for anything, as long as they find a lawyer who’s on board with it.
But we do like to stay out of the possible line of fire. It’s always best to ask permission if possible, but often it isn’t. I based my book The Gatsby Game on a real Hollywood mystery. I used the public record and my own experience with the victim, and my publisher felt it was pretty safe. So far, no lawsuits. 🙂
“Good fiction is inspired by real life, but it doesn’t imitate it. Fiction may not tell “the facts” but it tells the truth.” This is a great summary, Anne. Spot on!
I once had an awkward experience with a former colleague. The email came in saying, “Hey! I read your book. Why didn’t you have me in it? I played a part in that story, you know.” I was in a bit of a bind because if I had to tell the truth about the facts in their part, they would not have liked it one little bit. 🙂
Garry–Thanks. I was kinda proud of that line. 🙂 You bring up the other side of this coin. People who want to find themselves in your book but don’t. And as you say, they should usually be grateful for that.
Hoo-boy, backing up the memory truck on this one. Probably the first thing I ever wrote was a fourth-grade story about a hermit crab: it was at least 80% cribbed from a library book I’d read, but I was very proud of it. Then the teacher urged me to submit it to a contest and I broke down in tears, confessing to my crime (I hadn’t thought of it as wrong at all until the question of getting a reward came in). Might have been the earliest example of fan-fiction in the Western World…
The notion that fiction is thinly disguised autobiography is one of my favorite nightmares, given that I write epic fantasy. And long story short, I DO base my chronicles on the actions of people in the real world- it’s a little complicated unless you know how dice figure into it, but suffice to say those heroes (the ones in the Alleged Real World) have always been my biggest supporters and urged me to “write it all down/up” for years.
BTW, I always intended to use one of your recommendations in the off-chance that someone ever accused me of stealing their character. “Oh, not at all!” I’ll say, “Can’t you see it, my guy is MUCH better looking than you!”
Will–You’re hilarious. Yeah, probably not mentioning the good looking part would be good. Just let him read about how the character looks like Brad Pitt.
The story of your little 4th Grade self writing fan fiction and feeling guilty about it is so sweet and sad. What an ethical little dude you were!
I think epic fantasy probably gives you license to write much more accurate portrayals of real people than most genres. You can make your boss an Orc and your brother in law a Dwarf Lord and they won’t recognise themselves at all! 🙂
Ah yes, the Permanently Offended Community. They want “diversity” but only “approved diversity.” See, e.g., Jeanine Cummins.
Margaret Atwood had a character with some stunning similarities to my life in her book The Cat’s Eye. Stuff I would not have believed actually happened to other people. But for the life of me, I cannot figure out how this Canadian author could have spied on me, pre-computer days. So there you have it.
Lee–Sigh. Book banning is fascism. That whole thing makes me furious. Better leave my comments at that.
Cat’s Eye left me shattered. What a book! I think a lot of children live through horrors like that which we’ve suppressed. It sure brought up some bullying incidents I’d managed to forget. Yeah, she hit on a universal pain there. I think we all felt a little as if she’d been spying on our private thoughts.
My niece recently had her first story published in an anthology. It was a fun little horror story where something bad happened to a mother. Of course, HER mother assumed the genesis of the story was her own failure at motherhood, LOL! We writers just can’t win!
Alina–Oh, what a sad story! Parents, grow up! It’s not always about you. I hope she managed to show some pride in her child’s accomplishment.
I can’t really say that I’ve used any real people in my work. My characters come solely from my imagination, and seem to demand that I tell their stories. However, I can relate to Alina. My mother thought every mother I wrote had to be herself, and was mighty miffed not to be perfect all the time! I couldn’t get her to see that I made up characters completely. What’s the fun in writing reality, eh sister?
Melodie–My mom was the same. Every mother, no matter how different from her in every way, was some kind of criticism of her parenting skills. Sigh.
If I wanted to be with my mother, all I had to do was phone her. I think most writers want the people in our books to be much different from real life!
Anne, my two-book story, Just Lucky (Book 1 and Book 2) takes place mostly on the college campus I attended, and in the same time frame. Two or three characters are based rather obviously on folks I knew, but the physical appearances of the characters are so totally different that even if someone knew them and knew the incidents (also taken from fact) they would never recognize them.
On the Acknowledgements Page I admitted that some of the minor incidents actually happened, but all characters were entirely fictional and any resemblance to real people was unintentional.
The sad thing is that four of those inspirational people died before the book was published.
Fred–It’s always sad when you write something as a tribute to a real person–maybe to memorialize a special time of your life–and that person never gets to read it. But you wrote the story and published it and that means the memories live on. (And it’s always better to make them look different, especially if the “different’ is better.
I’ve had people ask me to write their story (ones I didn’t know except through a friend of a friend) and I steered clear of that fast. They promised me I’d make a fortune telling his and his wife’s true story of how they became wealthy. I could just see lawyers in my future if it didn’t turn out the way they wanted. Nope, I’ll stick to fiction.
Traci–That kind of encounter is one of the most common occupational hazards for writers. It’s amazing how many people think their life stories would make a best seller, and all you have to do is “write down the words” –then you can split the profits 50/50. That sparked a major plot point in my novel Sherwood, Ltd. You need to walk away from those people very, very fast.
Thanks for another helpful post, Anne. It’s inspirational, too–the lines Garry cited and “What a fiction or poetry writer does is take tiny fragments of memory and make an original mosaic that is “the lie that tells the truth” made it into my notebook. Beautiful!
Tricia–I’m honored to be in your notebook! Many thanks.
Bizarre true story. I wrote these characters: a muscular, tattooed guy and his artsy short-haired girlfriend who likes flannel shirts. My teenage son and I take a day trip to the MFA in Boston (about 1 1/2- 2 hrs away depending on traffic). We’re minding our own business in the Contemporary Art Wing, when I’m face to face with a couple that very closely matches my characters. We exchanged benign smiles, almost in acknowledgment, then went our separate ways. The kicker is, I’m still editing the book.
Dominique–Oh, I love it when that happens! I’ve glimpsed my characters in real life from time to time. I don’t think we’ve ever exchanged glances. But I love it that you did, and that they acknowledged you. In fact that would make a great story–meeting your characters in real life and having them know you’re writing about them.
I was so flabbergasted at time. It’s sort of like…Hello, I’ve seen you in my imagination
Thanks for a fascinating post. I’ve been inspired by overhead conversations in coffee shops, very often I don’t get more than a fleeting glimpse of the people who make them. After all, it’s rude to stare open mouthed at what they’ve just said! But I always send them grateful thoughts. Closer to home, memories of the things my daughters got up to when they were children have created my amateur detective. She’s a great person, so I’m still anticipating a good nursing home.
Richard–I think a lot of fiction is inspired by overheard conversations. That’s what we do–take snippets of life and embroider upon them. But yeah, it’s rude to stare. 🙂 I like the idea of sending them grateful thoughts.
Putting your kids in your fiction is usually okay, as long as you don’t use their names. I’ve read that Christopher Robin Milne had some difficulties with his fictional alter ego. I hope your kids are okay with it and get you into some luxury assisted living.
The Help is a 2009 novel by American author Kathryn Stockett. I won’t spoil the plot for those who haven’t read it, but in the story someone writes a book, an expose of small-town life, and finds a breathtaking way to prevent anyone suing her for basing it on their life.
Julia–Haha. Yes, I’ve read The Help, and Kathryn Stockett obviously had great fun using Minnie’s secret as fictional blackmail. 🙂
Once, back when I was a freelance editor and was editing a book, the author put in a real person, and even their real job, in a fictional book. I was like “that’s not a good idea” and the publishing company responded that the author had permission to use the person’s name and all that (ironically, the person mentioned in the book was a former supervisor LOL), according to the company’s representative. I was like “but it’s still not a good idea”. I don’t know where they left the situation as I didn’t see the final edition. Would you agree? (for future reference)
Willow–My legal sources say it’s okay to include a real person or a real person’s image if you get permission. But I do think it can be a slippery slope, so if it’s not absolutely essential to the story, it’s better not to take the chance..
Great post, Anne. If I didn’t use my real life and experiences in my books, they wouldn’t be very interesting. We just have to be mindful of the way we use those experiences and people in a way that doesn’t completely mimic what happened. As you said, there are plenty of ways to cover our ***es and yet tell a good story. Thank you for the guidelines.
Patricia–Using our real experiences not only makes our fiction more interesting, it keeps it from being wooden and derivative. Our experiences are what give us the fresh perspective readers want. But yes, we need to learn to cover our legal posteriors.
I have this alter ego that can say and do things I would never do in my writing. I don’t know if anyone would claim I was writing about their life except for Walter Mitty.
I went to a writing conference where this writer would look at me, have a crazy little look, then start scribbling furiously. I did not feel too paranoid in that if it was me making her write; it would not be me in her writing just an idea she got.
But it is best to avoid writing about anyone in fiction. I would imagine the story would be fairly tedious and flat.
Great post.
So Much–I think we’re all braver in fiction than in real life. That’s a creepy experience you had at the writers conference. Chances are he wasn’t even seeing you and just looking into space as he composed, but it’s still unsettling.
As I said in the post, it’s fine to use real people as inspiration for characters. Most of us do on occasion. But the trick is to let your imagination take that character in a different direction and make it your own.
Late again in commenting, Anne. This post was so timely for me and the authors I support! I’ve pointed several to your site and this post who have innocently stated: well yeah, a bunch of my characters are styled after Aunt Betty, Uncle Bob, cousin Trisha… But with some interrogation :O)
I determine that their is no ‘styling’, all these family members would recognize themselves in each character.
And I love the emphasis on people being offended and taking action against an author, when the author was ‘certain’ that Aunt Betty would be fine with being the madame of a whorehouse in Tennessee. Sometimes our surety that we aren’t offending or won’t offend is anchored in our egos.
Thanks, as always, for all the shared expertise you and Ruth provide. Every topic is something that further informs me and allows me to be that much more aware when supporting my author clients.
yes, yes….there, not their — was going two directions in one sentence, both got lost….
Maria–I’m glad to hear our posts are helping editors. We’ve both worked as editors, so we know your pain. 🙂 Yes, it’s always best to either get permission or change the characters so radically the real-life people don’t recognize themselves.
Another facet of this issue came up for me as a writer who did describe people I knew to the best of my ability. I wrote a thank you note for an important, lovely extended family party, giving details about what I particularly enjoyed, pieces of conversations, observations. The host commented “I had no idea you paid attention in such detail.” I felt he didn’t like being seen so clearly, even if complemented. The family has been cool since, extending invitations only to mandatory events. Many other friends are grateful for notes where they feel seen, heard, recognized, appreciated, and I had expected that this family would be also. I think it’s a mirroring issue: finding yourself seen more clearly than you want to be.
Iola–That’s an amazing story, and I can relate. I think you’re right that some people really don’t want to be seen, because they don’t want to look at themselves.
I just shared a silly cat video on FB where a cat is terrified by its own reflection and attacks it in fury. I captioned it. “Facing the shadow” I can see that if you show somebody their own image, and they live in a delusional world, they may react to all that reality with anger
But still it’s awful to get such an unpleasant reaction to an obvious kindness.
Great post Anne! The only real life person I include in my books is myself – and then, only little snippets mixed with fiction. I made a decision early on to use a pen name and NOT share it or my work with most of my family. Why? I did not want to be accused of using them as characters and find myself estranged from my relatives. I also refuse to use social media – thereby avoiding the crazies out there. I still don’t regret it!
Alexander–That sounds like the best plan of all to avoid lawsuits. Most people don’t sue themselves. 🙂 It’s awfully hard to sell books if you’re not on social media, but if you can do it without the time-suck of social media–great!
I know, but social media is too costly. It would rob me of the time and mental/emotional resources I need to actually get any writing done. I wish there was another way…
Love this! I worked with one author who ran personal anecdotes in her nonfiction book by the family members involved. She told them that she reserved the right not to make changes but she also didn’t want to blindside them. So she gave them a chance to see the passages before the book was published, and was open to discussing them. Of course, that can open a can of worms, too, but it does show family members that she considered their feelings.
Lisa–That author was wise. People are always happier to be asked. But of course, as you say, the worms may come out of the can…
Such an interesting read, Anne. Reading your post confirms just how thin the line can be between fiction and reality. However, our passion for writing helps keeps our head above the water.
I will admit that I have worried in the past about being told that one of my stories touches on copyright infringement or that one of the characters is recognisable. Given that I have had my own work copied and published on other blogs (where the culprits have added their won details to the copyright notice), I can understand how some people will get upset. Fortunately, in the three cases where it’s happened to me, I contacted the person who had copied my work asking them to take down the post – which they did.
As authors, we’re always going to be open to people tell us that we’ve stolen their story or used their identity, but hopefully it’s only on rare occasions. There is bond to be an overlapping of plots and characters when you think just how many books and movies there are out there. Only last year my partner thought a podcast he’d listened to was copyrighting on one of my short stories from my first book. The idea behind the story in the podcast was similar to mine, but the story and characters were very different.
I get ideas for some of my stories from people-watching or overhearing conversations which a lot of other people can overhear and where those talking don’t seem to care who can hear. Of course, I don’t make them the characters and do change some of the detail, but it’s so difficult not to be inspired by real life events.
Hugh–Having your WORDS taken is real plagiarism, and that’s a problem. I’ve found my stuff on other blogs without attribution and it’s usually because the blogger is clueless, but you do want to get them to stop. But IDEAS are another matter. You can’t copyright an idea.
People who think you “stole their life” are mostly projecting. Your character might not even be much like them. But sometimes our imaginations do create something so lifelike that people see themselves in it. That means we’re good writers, but reactions can be disconcerting.
Oh, you made me laugh! My ex-husband always used to think the best characters in my books were him (but I actually used his traits for my bad characters lol). I often think that as creators we tap into other people’s lives in ways we can’t imagine. I feel sometimes that the characters are waiting in another dimension for us to bring them into our world and I always know when I’m not doing them justice.
Adrienne–Oh, I love that metaphor! I do feel that some of my characters show up on the page fully formed. They are real and it’s up to me to get to know them.
This has happened to me more than once but the characters involved have been created (fiction) but I cannot say that someone has not told be something that I have forgotten and that it has laid in the recesses of my mind until such a character is required.
Lol- I always remember listening to Aimee Mann’s album “The remains of the Dodo” and assuming that she must have known me at the time she wrote it. It takes a genius to put yourself into the mind of someone you do not know. Turns out she is a genius.
Raymond–It is disconcerting when you realize something from your imagination was put there in a random conversation or snippet of story somebody told you. It happens to me all the time. I don’t known Aimee Mann’s work. I’ll have to check her out!
I do suspect that all fiction authors are partially schizophrenic(all the dropping in and and out of different mind sets for different characters) so perhaps we collect little snippets and assume that a certain kind of character may say them, storing them subconsciously for the time that such and such a character may need them. Or perhaps I just made something up and it happened to resemble something that may have happened. Must be a real problem for historical fiction writers.
What? You mean “Alexander the Great” did really exist? Conquered Persia you say. Oh my god I have stolen a story.
Sorry me being silly.
(do check out Aimee Mann- well worth a listen. clever lyrics- try “Jacob Marleys’ chains”).
A good friend of mine was convinced I’d based a character in my first children’s book on him. I never could work out why he thought he resembled a female fairy who looked like a spider!
Annabelle–I’m always amazed that people see themselves in characters that have nothing to do with them, but they don’t recognise themselves when they did inspire a character. 🙂