Two Tips For Avoiding A Libel In Fiction Lawsuit

Novelists are often told to write what they know, so it's not unusual for them to pattern characters and circumstances after real-life people and events. The problem is that doing so can land well-meaning authors in legal hot water if the source of their inspiration takes offense and files libel-in-fiction lawsuits. If you want to base characters on real people but don't want to end up spending the proceeds from your book sales defending a defamation lawsuit, here are two things you can do to protect yourself.

Remove Similarities

This may seem like the most obvious piece of advice in the world but, surprisingly, many authors don't think about disguising their characters so they can't be associated with real people. There are lots of reasons for this. It could be that the real person's physical appearance or mannerism is critical to the plot of the story or the author has a grudge against an individual and wants to take it out on a character modeled after the person.

The problem is the plaintiff in a libel-in-fiction lawsuit must be able to prove the character in the fictional work is supposed to represent them, and the more traits your character shares with the plaintiff, the easier it will be for the person to prove his or her case.

Therefore, it's in your best interests to change your character to such an extent that no one would associate him or her with a real person. This includes mannerisms such as hand waves or figures of speech as well as physical characteristics like hair and eye color.

You should even avoid using a name that sounds similar to the real person's moniker. If the person is named Lara Moon, don't name your character Mara Loon. That's a dead giveaway.

Add a Disclaimer

The other thing that may help you avoid a libel-in-fiction lawsuit is to place a disclaimer on your book that the work is fiction and any resemblance to real-life persons or events is purely coincidental. To prove libel, the plaintiff has to show that a reasonable person would have to understand the character in the book represents a real person.

While a disclaimer may not fully protect you if there are obvious parallels between your character and your real-life muse, it can help emphasize the fact that your book is a work of fiction and should not be taken as a factual account of people or events. This, in turn, may persuade a judge to believe a reasonable person may be less likely to assume the character represents the plaintiff and possibly lead to him or her to rule in your favor.

There are many other things you can do to protect yourself from a libel-in-fiction lawsuit. Contact a personal injury attorney like those at http://www.putnamlieb.com for advice.


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