questions about copyrights

[Minx]

I was recently reading on another ff site that it is considered copyright infringement if you use a real living person in your story. Is that true?

I have used a very prominent figure in my fic and would need to do extensive edits if this is the case.

Please advise.

Minx

[Trulyamused]

Minx,

I believe if you base the character off of someone you know personally, but use a different name it's alright. If you're using the persons real name you probably should have their permission. If it's someone famous, (aka Brad Pitt, Mark Harmon, Dr. Phil) they will probably have their names copyrighted.

That's about all I know.

Truly

[nemi]

If it's a friend or someone you know, then if you have their permission to use their character in any way, it's okay - but it's best to change their name. Don't have them doing anything they wouldn't like to do. It's okay to base a character with a different name on someone you know, but if you're actually using them then you should have them give it the okay. If they're actually doing something like brandishing a knife/blowing something up/strangling someone/other illegal stuff, you should change their name and some physical details anyway.

If it's a real person, I do recall reading somewhere, something like: "You can have Al Pacino in Hogsmeade, but you can't have him beating someone up in Hogsmeade." The site said it's okay to have real people as long as they do not engage in criminal activity/anything illegal. My friend is obsessed with Green Day to the point that she was telling me about 'Green Day fan fiction', which mostly involved the members of Green Day getting stuck in their tour bus outside a fan's (usually the author's) house.

Either way, if it's a real person it's better to change their name, unless they are just briefly mentioned (ie 'Hermione ran up to {so-and-so} and squealed, "Can I have your autograph?" She didn't notice the glare Ron was giving her'), or if you have them playing at a concert.