| Sat, Jan 14 2012 06:26pm GMT 1 |

Barb
270 Posts
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... err, expect their name.
I saw a name on a work circular, a name that would be fabulous for
the hero of my WIP. I've never met this person, or know anything
about him. Would it be okay to use it? A quick google search shows
there are a few of them, but that it's not a common name.
Please don't suggest changing it a bit - it's too perfect!
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| Sat, Jan 14 2012 06:43pm GMT 2 |

Jill
280 Posts
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Names are by no means unique. There are, for instance, several
women with the same or similar first name and surname as me in our
immediate area. I would suggest using this perfect name. :)
However, our experts may think differently.
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| Sat, Jan 14 2012 07:11pm GMT 3 |

Caducean Whisks
1236 Posts
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I don't believe that names are subject to copyright although some
might be trademarks. I think you'd only be in legal trouble if
other things tallied (such as the job or a distinguishing feature)
and you showed them in a poor light that damaged them financially
or other demonstrable pain and suffering.
F'rinstance, if you had an American character called Colonel
Saunders who was cruel to chickens and fried them alive, you might
not hear the end of it.
If, on the other hand, your Colonel Saunders was a benign
ex-British Army chappie who played chess, t'other one couldn't call
himself libelled, could he? Even if he were still alive.
I feel the greatest danger might come from using the name of a
lawyer :) If you have a fictitious lawyer doing dastardly things,
and there happened to be a real live lawyer with the same name who
felt it besmirched his reputation, then you might expect to hear
from him, and not to invite you on a date either.
So I'd say it depends on what you have in mind for your character.
If it belongs a work colleague, for instance, it may or may not
embarrass him, hurt him, or otherwise upset him. Or he may be
tickled pink and take you out to dinner. That'd be your judgement
call on that.
Personally, I find it constrains me if I use the name of someone in
my circle (even a christian name) because the 'real' person is
always in the back of my mind and I have to worry about all of the
above. If he's not really in your circle (as you say), and you
don't think you'll damage him, then I suppose the name is up for
grabs.
Dying to know what this super name is :)
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| Sat, Jan 14 2012 07:13pm GMT 4 |

Caducean Whisks
1236 Posts
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And as Jill says, few names are really unique anyway.
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| Sat, Jan 14 2012 07:25pm GMT 5 |

Barb
270 Posts
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If you watch the Highlander movie, apparently there can be
only one. But I went to visit Dunvegan Castle, and they're up to
the 34th Macleod of MacLeod.
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| Sat, Jan 14 2012 08:22pm GMT 6 |

Tony
2114 Posts
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Yes, it's all about whether the individual can be identified. If
your character is different in stature, characteristics, location,
job, hobbies, family, preferred method of killing (no better scrap
hat one), then he real chap connot complain that he happens to shae
his name, because it's obviously not him. Just be careful, as
Whisks was implyimg, not to inadvertently give your character some
traits similer to the real bloke; at least not enough to suggest a
connection.
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