Legal Question in Intellectual Property in Arizona

Is it Libel ?

I have completed a manuscript for a book. The setting takes place in an insurance company (I worked in one for 9 years). I based part of a situation within the book on a triad of managers within the office - Translation: There was an intersting dynamic within my office wherein a male superior "mentored" 2 subordinate females. I thought that it would make an interesting dynamic and worked it into the book. Nevertheless, the actual character development w/in that triad is an amalgamation of peoples I knew in my lifetime and NOT based upon those specific individuals. Those 3 MAY recognize that triad however.


Asked on 2/07/00, 10:51 pm

2 Answers from Attorneys

Brian Mattson Patents+TMS, P.C.

Re: Is it Libel ?

i have not conducted any research on this matter, but my gut reaction to this scenario is that if you do not use the real names of the people and if it's not necessarily about those people, then you should be okay. you are free to write whatever you want about fictional situations and fictional characters. seems to me that most or many stories are based on some sort of real life setting....

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Answered on 2/09/00, 3:35 pm
Lawrence Graves Coolidge & Graves PLLC

Re: Is it Libel ?

Most authors -- particularly those who are any good -- draw upon their own experiences in order, to quote Mr. Gilbert's turn of phrase in The Mikado, to "add verisimilitude to an otherwise bald and unconvincing narrative." Routinely, this includes using one's own experiences with people, borrowing particular attributes and characteristics of actual acquaintances, and adapting them to the context of one's creative writing.

There are always disclaimers about literary works not being intended to describe or refer to actual persons (you've probably seen this notice on movie end-titles as well). Coupled with the facts as you related them, there should be no liability issues regarding the actual persons whose relationship you used for inspiration.

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Answered on 2/10/00, 11:12 am


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