Reputation
543
Top tag
Next privilege 750 Rep.
See votes, expandable usercard
Badges
2 9
Newest
 Yearling
Impact
~11k people reached

Jul
24
answered Thinking as a character
Jul
23
comment Developing your writer's voice
I'd even go so far as to recommend consciously aping someone else's voice. It's an interesting exercise trying to write a story as Ray Bradbury, and then tell the same story as Ray Chandler.
Jul
23
comment My Ex husband's wife self published a non fiction book naming my kids in the story
Your references both agree that a showing of falsity is not required to prove defamation. If you are a plaintiff, all you need to show is that I defamed you according to the points I outline above and your references identify. It is up to me, as defendant, to come back and say, "Sure, I did all those things, but my statements were true!" In other words, if there is no evidence either way as to truth, you still win your suit. The level of proof remains the same (simple preponderance), but the burden of proof shifts from the plaintiff to the defendant.
Jul
21
comment My Ex husband's wife self published a non fiction book naming my kids in the story
Technically, defamation doesn't hinge on truth or falsehood. It requires a 1. defamatory statement 2. about you 3. that was published and 4. damaged you as a result. Published just means it was communicated to a third party and in libel the damages are assumed. The key in this situation are the first two points. That the statement was defamatory and that someone else could identify you as the target. Truth is an affirmative defense and serves no basis in the initial complaint.
Mar
4
awarded  Yearling
Sep
24
awarded  Autobiographer
Jun
5
awarded  Revival
Apr
30
answered Legal effect of standard fiction disclaimer
Mar
4
awarded  Yearling
Dec
12
comment Good idea to describe the heist place before the heist begins?
You have to make sure your focus is on the primary plan for the deviation to be surprising. Don't include a detailed description of a pseudo-random side corridor or the reader is going to see the swap a mile away. Also, it might be in your best interest to describe the 'new' pathway as the character encounters it, since it will be new to him, too. He comes to an never-before-seen intersection and has to make a decision; describing the intersection chops up the flow of action for the reader the same way. If he blows through the intersection on instinct, a similarly brief description works.
Dec
12
answered Can this statement be simplified, and is it effective?
Aug
12
answered Would it be annoying for the reader if the all the scenes alternate between “present” and flashback?
Aug
6
awarded  Critic
Aug
6
comment Legalities about fictionalizing current events
To avoid running afoul of this ruling, you only have to do one of two things. One, make the character inherently different from the real individual. For example, create a game player with Keller's stats, but a different background, appearance, and jersey. The second approach is to take a different but identifiable person and put them in a vastly different environment. So, football player number 9 from XYZ, Kansas, and how he reacted to the alien invasion.
Aug
6
awarded  Commentator
Aug
6
comment Legalities about fictionalizing current events
This case has a fairly narrow ruling in that it involves taking a readily identifiable public figure and depicting them in the exact environment for which they are famous. For example, in Keller, a EA wrote a football video game that used the likeness, background, jersey number, etc. of a college football player. The court's ruling ensures that if someone is going to benefit from that likeness, it should be the player himself, not the third party EA.
Aug
6
comment Legalities about fictionalizing current events
Your link doesn't include the case name, which is always a red flag in any article about a legal case. The opinion is IN RE: NCAA STUDENT-ATHLETE NAME & LIKENESS LICENSING LITIGATION, the case is Keller v. EA out of the 9th circuit.
Aug
2
answered Legalities about fictionalizing current events
Jul
17
answered permission to use emails from famous deceased person
Jun
28
answered Design stories with techniques from other creative processes