Scarlett Johansson won a defamation suit against a French writer for creating a promiscuous character who happened to look like the movie star. A Georgia jury awarded $100,000 to a woman who claimed a character in The Red Hat Club falsely portrayed her as an "alcoholic S***." Writers face three big risks when using real people in their writing: defamation, invasion of privacy, and misappropriation of the right of publicity. Yet every fiction writer bases characters on real people. Memoirists and nonfiction writers identify people by name. How can writers use real people in their work without risking a lawsuit? It's not that hard. Common sense and a cool head are key. First, let's start with a quick summary of United States law. (The laws of other countries are more favorable to the targets. In today's Internet environment, you could get sued in France for a blog written in California.) DefamationTo prove defamation, whether libel for written statements or slander for spoken ones, a plaintiff (target) must prove all of the following: False Statement of Fact. If a statement is true, then it is not defamatory no matter how offensive or embarrassing. Opinions are also protected because they are…
