Jassin, Lloyd. The Legal Consequences of Using Real People in Fiction. The Law Offices of Lloyd J. Jassin, https://www.copylaw.com/new_articles/real_people_in_fiction.html.
In The Legal Consequences of Using Real People in Fiction, Lloyd Jassin, a lawyer whose expertise is in intellectual property, provides a basic understanding of libel law and highlights the dangers of using real people in fiction; in essence, Jassin argues one can create a piece of fiction that has characters inspired by real people; however, the descriptions should not be too closely aligned, especially if the characters are portrayed negatively. The article cites court cases that give the reader a better understanding of libel law; for example, Jassin mentions the “Red Hat Club” case, which involved an author being sued $100,000 for a fictional portrayal of a real person. The intended audience is authors wanting to learn more about the risks associated with writing fictional stories based on real people. Jassin is clearly passionate about his work, and his purpose in writing the article was to provide a comprehensive source that clearly explains the necessary precautions one should take when writing a fictional story inspired by real people.
I can’t overstate the usefulness of this source. If I continued with my original idea, there was a chance (although small) that I could’ve gotten in serious trouble. Previously, my idea was to create a piece of flash fiction that included some real characters and some fictional characters, and the events of my story were going to be influenced by actual events but for the most part fake. Now, I plan on changing the names of the real people in my story, which will make them less recognizable. Additionally, Jassin mentions the importance of including a disclaimer. I can do so by labeling the book as flash fiction and by integrating a full disclaimer that claims the characters and events in the story are completely fictional. Lastly, it’s important to note deceased individuals can’t be defamed under common law, which is beneficial in my case since a key influence in my story (Whitey Bulger) is no longer alive. Regardless, Jassin argues it’s not in one’s best interest to include a real name, even if they are dead.