Bears no relation to anyone living or dead...

Sat, Jan 14 2012 06:26pm GMT 1
Barb
Barb
270 Posts
... 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!
Sat, Jan 14 2012 06:43pm GMT 2
Jill
Jill
280 Posts
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.
Sat, Jan 14 2012 07:11pm GMT 3
Caducean Whisks
Caducean Whisks
1236 Posts
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 :)
Sat, Jan 14 2012 07:13pm GMT 4
Caducean Whisks
Caducean Whisks
1236 Posts
And as Jill says, few names are really unique anyway.
Sat, Jan 14 2012 07:25pm GMT 5
Barb
Barb
270 Posts
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.
Sat, Jan 14 2012 08:22pm GMT 6
Tony
Tony
2114 Posts
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.

Cool

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