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.
If you are writing a fictional narrative based on a true person/ actor, you need to decide how closely your fictional character resemble the real person it's based on, if it is recognizably related to the actual actor, you may need to ask permission! 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.
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