Tag: libel

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Fun with Fandoms

The website Archive of Our Own – or AO3 to its users – has existed since 2008, growing in popularity over the next few years. Writers can use it to post fan fiction, taking characters that already exist from books, films or even real life, then placing them into new stories or retelling existing stories from another angle.

Despite knowing about the site since almost day one, I didn’t open an account because I only used it to read the stories of one pal who would use characters from Star Wars.

More recently, it’s been brought to my attention that another pal writes and collaborates on steamy romances between two male Formula One drivers, so I finally opened an account in September to read them. Then, quite independently, I learnt someone else had published a multi-part tale placing the members of a 21st-century alternative rock band into a 1930s adventure story.

I’m being deliberately imprecise in these descriptions because all three writers use pseudonyms and don’t necessarily want their identities associated with their pseudonyms.

It’s common for fan fiction authors to stay anonymous, as some published authors actively dislike their characters being used in other work, even when the resulting work isn’t earning any money. Anne Rice and George R R Martin are two prominent examples. In other cases, there is potential for libel where living people are featured.

While mere threats of legal action are a dime a dozen, I can think of just one case involving fan fiction that actually went to court. In 2009, Darryn Walker was arrested on charges of obscenity after writing a story imagining the kidnap and murder of the pop group Girls Aloud. Ultimately, the author was cleared of all charges. If you’re interested, the offending text has been archived.

Although I’ve published many short stories online, they all featured original characters rather than existing ones. I think if I were going to write any fan fiction, I’d probably pick Rosaline from Romeo & Juliet. For starters, there’s no risk of legal action from William Shakespeare. For seconds, she’s a seriously underdeveloped character considering how pivotal she is to the early plot; if she hadn’t rejected Romeo, the events of the entire play might never have happened.

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The Responsibility of Memoir

Last week, my cousin brought a photograph to my attention. A friend from Gowriehill Primary School had posted online our year 5 class picture, dating from the early 1990s.

Although I hadn’t seen it in years, I remembered most of my classmates’ names, not to mention a number of memories that came flooding back. I recall how the older pupils would act as servers for the younger ones in the lunch hall, or how we would be allowed on the football pitch only on non-rainy days, or the poster telling us not to tip skipfuls of rubbish in public places – as if a ten-year-old could do that.

But when writing about people who are still alive, where does an an anecdote become an invasion of privacy?

It’s probably safe to tell you that Steven Narey was considered the fastest runner in our year, or that at one point we had two Kenneth Sampsons in the same class. By contrast, Mrs Towell probably wouldn’t be happy with my personal view that she looked and acted like Sylvia ‘Bodybag’ Hollamby from Bad Girls.

In some types of memoir, such as those by TV personalities, it’s almost expected that the writer will drop in some juicy gossip about their contemporaries. But there is always the risk of legal action if they go too far.

Last month, Edward Snowdon and his publisher were sued by the US Department of Justice because they didn’t submit the text for approval. However, a comparable British case in 1988 was rejected by senior judges, so the spy Peter Wright could safely publish his memoir Spycatcher.

In 2016, The Huffington Post published a useful guide to avoiding a lawsuit, with five pointers to avoid or stave off trouble at the earliest opportunity. So if I ever want to write a candid account of life at Gowriehill, I’ll do my best to avoid seeing Mrs Towell in court.

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Based on a True Story

Every so often, you’ll see a film or a novel that purports to be based upon true events. Recent examples include the Don Shirley biography Green Book and the Freddie Mercury story in Bohemian Rhapsody. But how much can we trust the version of events portrayed?

Life writing often involves considering difficult questions about the subject matter. Is it ethical to repeat an anecdote told in private? Can details be left out of the story to improve clarity for the reader? When is it right to use people’s real names?

The answer to these questions will vary depending on the situation. In a historical piece where the people involved are all dead, the writer is unlikely to run into ethical problems.

But if the subject is still living and perhaps still active in their field, they might be entitled to take legal action. Here is an introduction to the laws regarding libel and slander.

One notable publication was Spycatcher by the former MI5 agent Peter Wright, in which he alleged the head of his organisation during his career was a Soviet spy. The book was ultimately cleared for publication a year later.