Site Updates and Issues Discussion Thread #6 - Page 17

Originally posted by: vijay

Well we discussed with the legal expert on this.. and he suggested not to tag Real person even if we mean to refer them just as their character.

Whether it's the Fan Fiction section or the forum of a particular show, the legal implications must be the same.

For example, if you go to the actor discussion page for Shivangi Khedkar, the second topic from the top ... and for Sai Ketan Rao, the first topic at the top is a fan fiction.

This example happens to glorify graphic sexual violence against her character by his character using obscene language, but even an inoffensive fan fiction shouldn't be tagged with a real person's name.

Moderators have been aware of this issue for over two months, with follow-ups from my side only, so please don't reply telling me to contact them privately.

Originally posted by: vijay

Character names are fictional. In tags also we cannot use the real person name.

Unless there is a clear disclaimer on the page stating that all names used in the story are work of fiction and has no link to any real person. .. how we see in movies.

@italics: So if the author states in a disclaimer that the story is only a work of fiction and it has no connection with any real person, will it then be legally okay to use the tag of the actor/actress by his/her real name?

Originally posted by: tournesol

@italics: So if the author states in a disclaimer that the story is only a work of fiction and it has no connection with any real person, will it then be legally okay to use the tag of the actor/actress by his/her real name?

Haan, like we do face claims while writing fiction. So it's the actor playing that character but not really.

I think we need a bit more clarity.

Originally posted by: tournesol

@italics: So if the author states in a disclaimer that the story is only a work of fiction and it has no connection with any real person, will it then be legally okay to use the tag of the actor/actress by his/her real name?

The point of the disclaimer is that any similarity to real persons is coincidental. The fictional character's name being the same as any real person's name has to be unintentional. Deliberate use of an actor's tag while disclaiming "no link to any real person" is a contradiction. A disclaimer that no reasonable person would believe has no legal merit.

Here's an example. An actor named Ram Anil Kapoor played a character named Ram Amarnath Kapoor on a TV series called Bade Achhe Lagte Hain. A fan fiction about Ram Amarnath Kapoor should not be tagged "Ram Anil Kapoor" to exploit the actor's fame (because he only consented to play the character as per his contract, not as written by any fan fiction author). Tagging the story with "Ram Amarnath Kapoor" to exploit the character's fame would probably be allowed under fair use. Use of the tag "Ram Kapoor" would best be accompanied by the "any similarity to real persons is coincidental" disclaimer because the author is probably aware of a real person who has this name.

Originally posted by: tournesol

@italics: So if the author states in a disclaimer that the story is only a work of fiction and it has no connection with any real person, will it then be legally okay to use the tag of the actor/actress by his/her real name?

I am a bit unsure of it as Wattpad let’s you use the name of actors playing the character. Infact they have a separate page where you can add your character and can tag actors along with it…

Originally posted by: BrhannadaArmour

The point of the disclaimer is that any similarity to real persons is coincidental.

Yes, that's the point of disclaimers. Fiction disclaimers are usually worded like this: This is a work of fiction. Names, characters, business, events and incidents are the products of the author’s imagination. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.

And if you closely observe my previous post, I was following the language of disclaimer in the post I was replying to. Any misunderstanding of my previous disclaimer is purely unintentional. :)

The fictional character's name being the same as any real person's name has to be unintentional.

Usually in IF, the majority of fanfics are written on fictional shows/movies and the characters are usually the lead characters of the said shows/movies. In such cases, the names of characters and the actors portraying the characters seldom match. Few exceptions are there, like BALH character Ram Kapoor, played by Ram Anil Kapoor. In cases of exceptions, the intentions of the author should be clear.

Deliberate use of an actor's tag while disclaiming "no link to any real person" is a contradiction. A disclaimer that no reasonable person would believe has no legal merit.

Using an actor's tag in a FF does not mean the FF is a biography of the actor (I also think having a disclaimer about an author's intentions is fair). If the pic of an actor is used in the cover of an FF, I don't see why his/her name can't be tagged. The face is as much an identity of a real person as is the name.

Hi there,

Thanks for being kind enough to reply to my question. Replied above in brown.

Well when I say that real person should not be used in Fanfiction I mean that author cannot name their characters based on real people. Like using the character name as Barun Sobti. However you can use the character name Arnav Singh Raizada and tag the show.

And in the character page you can put the picture so that people can visualize your story. However always better to put disclaimer that the whole thing is purely fiction and not related to any real person. And pictures used are for representational purposes only.

Normally problem does not happen unless there are mature / sensitive content and real person take objection to it. I hope you understanding what I am trying to say here.

Will discuss it further.

how can i prevent people from viewing my IF profile?

Originally posted by: SnowWhite_97

how can i prevent people from viewing my IF profile?

Hey,

You have to block the ID of that member. He/She cannot PM/quote/tag you or check your profile. Same applies for you.

Originally posted by: vijay

Well when I say that real person should not be used in Fanfiction I mean that author cannot name their characters based on real people. Like using the character name as Barun Sobti. However you can use the character name Arnav Singh Raizada and tag the show.

And in the character page you can put the picture so that people can visualize your story. However always better to put disclaimer that the whole thing is purely fiction and not related to any real person. And pictures used are for representational purposes only.

Normally problem does not happen unless there are mature / sensitive content and real person take objection to it. I hope you understanding what I am trying to say here.

Will discuss it further.

Many legal implications are there to follow, regarding copyright issues and real person stories are, after a certain level, those will be difficult to deal with!

Using real people in your fiction—whether they are directly named or not—can be legally hazardous. If an author includes enough details that a specific fictional character is identifiable as an actual actor, that person could possibly pursue legal action.

Writers face three big risks when using real people in their writing---- defamation, invasion of privacy, and misappropriation of the right of publicity. These are legal aspects

While writing, there may be positive or negative twists in our story that may damage a real person's sensitive sentiments and it may lead to legal action from their side.

Actors are usually attention seekers who crave the spotlight for the right or wrong reasons!

With all these considerations in mind, it is always preferable/advisable to avoid writing and tagging real people/actors.

Writers write what they know. It’s perfectly natural that someone within their perception,[TV character, or real life inspiring incident] to have remarkable or interesting characteristics that inspire a character in their fiction. However, career authors are advised to change as many other extraneous details as possible, including name and other details!

By adding a character's photo, the story is considered suggestive, not subjective; you have given a visual representation to your idea; however, if you add/tag the real person/actor, the story is considered subjective; you are directly stating that it is his story, which is a legally punishable offense! If you seek permission from that actor, it is fine, but how far it is possible for us to contact an actor for seeking permission?

In a way, IF Fanfiction Section is a Publishing House, with approximately 10,000 published books to its credit, thanks to Vijay and all the Veteran and present Mods and authors.

In India, there are various publishing rules that govern what can be written and published. These regulations stipulate that the publication of particular content may result in criminal or civil charges. For example, charges of hurting religious emotions or sedition are considered criminal offenses. In India, defamation is both a civil and criminal violation. Before publishing a book in India Forums, authors and publishers/ Editors should be aware of these facts and laws.

So it's better to stay away from all these legal wranglings. It is my sincere request to authors and Administrator Vijay.