Brokeback Mountain: Our Community's Common Bond > Brokeback Mountain Fan Fiction & Poetry
Open Discussion of RPS Stories in Light of Heath's Death
louisev:
I think what was being litigated in the Parks case (above) must have been "Right to publicity" which does pass on to heirs at death.
According to another, more informative article
Fact into Fiction: Using Real Life and Real People in Creative Works
by Linda Heacox
http://www.iwpa.org/reallife0506.html
"Cook points out that only living people can sue for defamation and invasion of privacy. Rights to publicity are another matter.
This is the right of a person to control his name and likeness for commercial purposes. In other words, only the celebrity can profit from his name unless he grants another that right. This right is considered property and passes to heirs when the famous person dies. "
Here is a salient fact about what legal measures determine whether invasion of privacy has occurred:
"Invasion of privacy could also cause an individual to sue a writer who has disclosed something embarrassing that is not of legitimate public concern, Cook said. That is the legal standard, she said-whether or not the disclosure could be seen by a court as being of public interest. "
I am quite certain that private sex habits would not be seen by any court as "legitimate public concerns."
louisev:
Historical fiction using real people:
On the other hand, says this article, the field is wide open in historical fiction, as long as the person has no heirs to claim "right to publicity."
http://crofsblogs.typepad.com/fiction/2008/01/historical-fict.html
mvansand76:
I believe that, if you wonder if writing or reading RPS is wrong or not, all you have to do is imagine that Heath is reading along with you over your shoulder.
MaineWriter:
--- Quote from: Snavel del Snork Snater Snuit on January 30, 2008, 05:59:14 am ---
I believe that, if you wonder if writing or reading RPS is wrong or not, all you have to do is imagine that Heath is reading along with you over your shoulder.
--- End quote ---
I agree, Mel, and I didn't ask my question about historical fiction as a way to say I think it is okay to write about Heath, now that's he dead. I don't. I just think it is an interesting question of at what point, if ever, would a well-known person be okay to use as a character in a fictional story? The story I read about Frank Lloyd Wright was very well done, interesting (I learned alot about him I didn't know) and even though it was driven by scandal (he and his mistress left their respective families and ran away together) it was handled in a respectful way. It didn't sully his memory.
I also think that Louise makes a very good point about many of the RPS stories being nothing but masturbatory fantasies. From the little bit I have read (and it is very little) I would agree. Many of the stories are truly tasteless.
Back to my question of time. I think it is a question of how "seared" on our memories the real life person was/is and how long that lasts. For example, I think that a writer would get into trouble with a story about Marilyn Monroe or Elvis Presley. They are just too "real" to people to become characters. (I also think Elvis would bring up the publicity issue that Louise mentioned, since it is very clear his heirs control his name and image and he is a source of ongoing revenue). But what about James Dean? Or going back even further, Rudolph Valentino? They were big stars whose premature deaths shook people up. Could people write about them, now, in 2008?
Someone mentioned (on another board) that RPS is written about the Beatles and I just said "ew." For me, growing up with them at the time I did, they will always be "the Beatles" and any attempt to immortalize them in fiction is just wrong. I will remember them through their music. And I will remember Heath through the legacy he has left us in films and photos.
mvansand76:
--- Quote from: MaineWriter on January 30, 2008, 07:46:20 am ---I agree, Mel, and I didn't ask my question about historical fiction as a way to say I think it is okay to write about Heath, now that's he dead. I don't.
--- End quote ---
Oh no, it wasn't in response to what you were discussing, it was just something that popped up in my mind. :-*
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