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When Does Fiction Go too Far?

© Kelli Brooke Haywood

I am currently working on a novel that I feel is one of the best ideas that I have had in a long time. The piece is completely fictional, except it takes place in a real to life way. One of the main characters in my novel really enjoys popular sci-fi shows and movies. He has made them part of who he is. He uses the lingo used by the characters of these sci-fi shows. He talks to other characters about the shows. However, the novel is in no way about these shows. The shows are just part of a character. The question I found myself asking is -- Can I get sued over using elements of this pop culture phenomena in my work? I have decided that I cannot. Things like TV shows, musical bands, artwork, and novels, have become so much a part of our lifestyle that it would be too hard not to include them. Then there is the question about whether or not I should make up a fictional show and lingo to use with the character. I have also decided against that because I feel it would cheat my reader. Many readers are at least somewhat familiar with the show I am using, and I feel it would enhance the believability of my characters.

So, the question is -- When does fiction go too far when using corporation names, characters interested in elements of pop culture, and plots based on real life events? The question is very hard to answer. Most of the time, it boils down to how the outside party feels about the usage. How is a writer to predict those feelings? It is then best for the writer to play it as safe as possible without jeopardizing their idea. I suppose, sometimes we just have to risk it.

The answer to using characters based on real people or real life events is relatively simple. Skew the information as much as possible. For instance, there is a woman in your neighborhood who runs everyday by your house. You want to base a character for a story on her. First, you can change what she does, maybe, from running to rollerblading. You can give her a different body, hair color, and clothing. Of course, change the name. You can even change the location. You have to determine how far you want to go. Maybe, you can get by with just altering a few things about the actual person.

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