Legal (Media) advice needed...

[gripper stebson]

OK NSC, before I go and talk to an expensive lawyer I thought I would pick your brains first!

I have been meaning to start work on a book for a while now. It's basically the memoirs of a washed up footballer who played in the 70's and managed in the 90's.

Does anyone have any idea about the legalities of using real footballers names in completely fictitious (comedic, not libelous) situations?

I know the guy who wrote The Damned United made a fair bit up and got away with it.

Any thoughts - don't want to start if it's pointless!!

 

[KJP]

I wouldn't have thought you'd be able to use real names

 

[The Large One]

Sorry, just to clarify - do you mean for the 'washed-up footballer' to be a fictitious character?

 

[Tricky Dicky]

Using real names is potentially dodgy I would have thought, unless you have permission from them. You never know what people might take offense at.

 

[gripper stebson]

Sorry, just to clarify - do you mean for the 'washed-up footballer' to be a fictitious character?

Yes - he is completely fictitious. He would however have come across many famous names during his (fictitious) playing career.

 

[Racek]

Just google it, im sure you will find the answer.

 

[Colossal Squid]

If you use real names, or names that are obviously disguised to represent real people then anything you write about them that they could consider defamatory they could sue you for. Its good old fashioned libel I'm afraid.

Your best bet would be to

a) Only poke mild fun at those you wish to include, rather than being downright offensive
and
b) You could actually write to the players/their agents in question and ask if they're willing to be represented in your semi-fictional tale.

 

[Kumquat]

I'm actually planning to write a book myself and have been informed that the company at the link below, Volunteer Lawyers for the Arts can provide cheap or free legal advice. Haven't tried them yet so can't vouch for it, but worth checking out.


http://www.vlany.org/

 

[Stat Brother]

You mean your doing a 'Gladys Protheroe Football Genius', by Simon Cheetham, published by Juma, type book. (Yes I have just pulled my copy off the shelf).

That book is mainly real facts centred around a fictional character, so I can't image it's too much of a problem.

 

[The Large One]

Yes - he is completely fictitious. He would however have come across many famous names during his (fictitious) playing career.

Minefield.

To guarantee no problems, make sure the only players mentioned are dead ones. They can't sue, nor can anyone on their behalf.

 

[tycoon0_0]

If you use real names, or names that are obviously disguised to represent real people then anything you write about them that they could consider defamatory they could sue you for. Its good old fashioned libel I'm afraid.

Your best bet would be to

a) Only poke mild fun at those you wish to include, rather than being downright offensive
and
b) You could actually write to the players/their agents in question and ask if they're willing to be represented in your semi-fictional tale.

This.

'Damned United' as a story is accurate. What isn't accurate is minor information that does not redirect the story away from true events.

As Colossal Squid quite rightly says is, you can exaggerate to the point that it is obvious and so in way is trying to portray the individual in a different light if it is likely to:
lower him in the expectations of the reasonable public

Injure him in his trade or profession

Cause him to be shunned or avoided

Expose him to hatred, ridicule or contempt

Any one of these is a validation of defamation through libel and when writing about his personal life is almost impossible to defend, even if any actual fictitious information is intended to be comedic rather than serious.

Libel is prosecuted on WHAT was said, not HOW it was intended.

 

[gripper stebson]

This.

'Damned United' as a story is accurate. What isn't accurate is minor information that does not redirect the story away from true events.

As Colossal Squid quite rightly says is, you can exaggerate to the point that it is obvious and so in way is trying to portray the individual in a different light if it is likely to:
lower him in the expectations of the reasonable public

Injure him in his trade or profession

Cause him to be shunned or avoided

Expose him to hatred, ridicule or contempt

Any one of these is a validation of defamation through libel and when writing about his personal life is almost impossible to defend, even if any actual fictitious information is intended to be comedic rather than serious.

Libel is prosecuted on WHAT was said, not HOW it was intended.

Great. So how does TLO's argument of using dead players hold up?

 

[Tricky Dicky]

Great. So how does TLO's argument of using dead players hold up?

As he said, they can't sue and nobody can on their behalf.

 

[tycoon0_0]

As he said, they can't sue and nobody can on their behalf.

Yep, dead people are beyond protection. But, one mention of any other living person linked to them takes you back to the original point. Always er on the side of caution. Also, you can libel a company, thus, you can libel a football club as it is classed as a person artificial. Take the 4 points of libel I made and apply them to a club that they played for, dead or alive, and can still get in trouble.

 

[Trufflehound]

Great. So how does TLO's argument of using dead players hold up?

Dead players hold up well unless you leave them too long on a warm radiator. Then they might ooze a bit...

Hope this helps.

 

[gripper stebson]

Dead players hold up well unless you leave them too long on a warm radiator. Then they might ooze a bit...

Hope this helps.

Or possibly a plank of wood and a subbuteo style base!!!

 

[Trufflehound]

Or possibly a plank of wood and a subbuteo style base!!!

Then you may also need to build a 5-foot long spring-loaded finger to flick them with...

 

[Storer 68]

Using real names is potentially dodgy I would have thought, unless you have permission from them. You never know what people might take offense at.

incorrect spelling for starters

 

[NMH]

Just be careful when calling Robby Hedknapp a wheeler and dealer

 

[Paul Skinback]

OK NSC, before I go and talk to an expensive lawyer I thought I would pick your brains first!

I have been meaning to start work on a book for a while now. It's basically the memoirs of a washed up footballer who played in the 70's and managed in the 90's.

Does anyone have any idea about the legalities of using real footballers names in completely fictitious (comedic, not libelous) situations?

I know the guy who wrote The Damned United made a fair bit up and got away with it.

Any thoughts - don't want to start if it's pointless!!

You can use real names if you ask permission from them. Probably not ideal if you're going to slate them. Just write it anyway and then get yourself a decent legal Eagle to back you.