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.
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