Legal Question in Civil Litigation in Virginia
libel for fiction based on events reported in news sources
i am writing a novel that uses actual events as a backdrop for the fictional characters. i am using the events, actions and dialague of public figures as reported by the local newspapers and media. the events of the real persons do not need to be altered for my fictional story. am i exposing myself to libel? also, does the disclaimer of 'based on actual events' relieve my of any libel burden
1 Answer from Attorneys
Re: libel for fiction based on events reported in news sources
What you're describing appears to be something know in literary circles and described by the French as a roman a clef and defined in Merriam Webster's Collegiate Dictionary (10th Edition)as a "novel where real persons
or actual events figure under disguise." As long as the real persons
identified in your proposed literary exercise are in fact "public figures"
within the meaning of the famous case from the 1960's known as The New York Times v. Sullivan which bears on the issue of defamation with respect to public v. private individuals, you should have little to be concerned about (at least in my opinion).
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