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Poet deVine
Administrator
Member Seraphic
since 1999-05-26
Posts 22612Hurricane Alley |
I have a question. If I read a news article about someone, it that public domain? Let's say I read about a woman who gives birth in a department store. Can I use that in a story? What if someone commits a crime, can I base a character on that criminal? If the names and/or circumstances are changed a bit and it's no longer 'true' would I still be able to use that story? I used a real incident in a poem and never got in trouble so I'm wondering if any rights are violated if the story is public domain. |
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| © Copyright 2000 Poet deVine - All Rights Reserved | |||
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Sunshine
Administrator
Member Empyrean
since 1999-06-25
Posts 63354Listening to every heart |
"Names of characters have been changed to protect the innocent..." Karilea If I whisper, will you listen?... I would rather be silent and write, than speak loudly and be bound. KRJ |
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Denise
Moderator
Member Seraphic
since 1999-08-22
Posts 22648 |
Probably just like everything else in the 'legal realm' an argument could be presented supporting both sides of the issue. Who knows, I guess if it came down to it, it could all depend on what side of the bed the judge woke up on that particular day. Denise |
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WhtDove Member Rara Avis
since 1999-07-22
Posts 9245Illinois |
Good question Sharon. I don't know. Will be interesting to see if someone does. |
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Rex Member
since 2000-06-29
Posts 482Houston, Texas |
PDV....You would have no problem doing that. If you do not use names, it is neither libelous nor defamatory. |
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Elizabeth
Moderator
Member Ascendant
since 1999-06-07
Posts 6871Minnesota |
Have any of yourever read the books by Mary Higgins Clark? She has admitted that some of the ideas for her stories are based on real cases. As far as I know she hasn't had any trouble. (Although when I base characters on real people, even slightly, I would hope that they or anyone they know does not find out! But then that's just me...) Elizabeth |
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Dopey Dope
Moderator
Member Patricius
since 2000-08-30
Posts 11132San Juan, Puerto Rico |
........good luck on not being legally prosecuted...hehe  I was born myself, raised myself, and will continue to be myself. The world will just have to adjust. I hate your socks. I'd like to burn them! |
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Ron
Administrator
Member Rara Avis
since 1999-05-19
Posts 8669Michigan, US |
There are two ways, I think, to approach this, one perfectly safe and the other pretty much safe. Perfectly Safe: Change the fictional representation of the character and events so much that no one could possibly recognize your source (especially your source). Unfortunately, this isn't always possible. Sometimes, a characteristic of your source is both very recognizable and yet vital to the story (else the events would not have unfolded the same way). Sometimes, a characteristic is unique and unerringly identifies the source (if you base a story on Neil Armstrong, making your fictional character the first man to walk on the moon might let the cat out of the bag). But I think these are unusual circumstances, and in MOST instances any character or sequence of events can be changed enough to make them, if not unrecognizable, at least very questionable. Pretty Much Safe: Don't even try to hide either the characters or events, but instead report them as news. News, in and of itself, cannot be copyrighted, and anyone is free to report and even interpret current or past events. The caveat here, as in any reporting, is to scrupulously avoid libel. Be very, very sure of your facts. |
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