elizabeth Posted February 21, 2011 Share Posted February 21, 2011 http://artsbeat.blogs.nytimes.com/2011/02/17/family-maid-files-suit-against-author-of-the-help/?ref=books The Help might not be fiction... and the author might be up a creek without a paddle legally. A word to the prospective authors it is ok to write what you know but not who you know.... Quote Link to comment Share on other sites More sharing options...
KnitWit Posted February 21, 2011 Share Posted February 21, 2011 Wow! I will admit that I wondered. Quote Link to comment Share on other sites More sharing options...
thescrappyhomeschooler Posted February 21, 2011 Share Posted February 21, 2011 It never occurred to her to change the name? That's plain silly! Quote Link to comment Share on other sites More sharing options...
Murphy101 Posted February 21, 2011 Share Posted February 21, 2011 If true, I hope the maid wins. Aside from that, I thought the book was rather lame and not even slightly enlightening. I have no idea why it is so popular. Quote Link to comment Share on other sites More sharing options...
Murphy101 Posted February 21, 2011 Share Posted February 21, 2011 If true, I hope the maid wins. Aside from that, I thought the book was rather lame and not even slightly enlightening. I have no idea why it is so popular. Quote Link to comment Share on other sites More sharing options...
Trish Posted February 21, 2011 Share Posted February 21, 2011 If true, I hope the maid wins. Aside from that, I thought the book was rather lame and not even slightly enlightening. I have no idea why it is so popular. I think it's popular because it was a page-turner. Sort of amazing for a book that has very little action, but I found that to be true. I'm thinking the author did not make her editor aware of this other made with the similar name? I can't imagine the publisher's legal team would have let that go without making her change the name completely, and make the character into a composite if it was too similar to the actual woman. I'm surprised she's suing for so little, given the popularity of the book, and the fact that a movie is coming out. I'm guessing they will settle out of court. BTW I liked that character. Quote Link to comment Share on other sites More sharing options...
WiseOwlKnits Posted February 21, 2011 Share Posted February 21, 2011 If true, I hope the maid wins. Aside from that, I thought the book was rather lame and not even slightly enlightening. I have no idea why it is so popular. :iagree: Quote Link to comment Share on other sites More sharing options...
Kirch Posted February 21, 2011 Share Posted February 21, 2011 So, Elizabeth--does the real Abilene really stand a chance of winning a suit? I mean, I can see where she would definitely have the high ground *ethically*, but legally? The author didn't defame or libel her. I'm thinking of all the unauthorized biographies out there. How is this any different? I know it's fiction, but that even seems to create more of a barrier than if it had been non-fiction. Is there any real legal basis for stopping someone from even blatantly and admittedly using you as the basis for a character in a book? Or for holding them accountable if they do? Quote Link to comment Share on other sites More sharing options...
jplain Posted February 21, 2011 Share Posted February 21, 2011 From the article, the fictional character and Ablene Cooper had (1) similar first names, (2) both had a gold tooth, and (3) both lost a grown son several months before their employers had babies. If that's all the similarity they have, I suspect the lawsuit will go nowhere. :glare: Quote Link to comment Share on other sites More sharing options...
plansrme Posted February 21, 2011 Share Posted February 21, 2011 So what if she took 3 details from a real person's life and used them in her book? It is not libel. It looks to me like it is all the work of the ol' green-eyed monster. Why the author's brother and sister-in-law (or was it sister and brother-in-law?), who clearly put the maid up to it, so begrudge her her success, I wouldn't know, but jealousy does crazy things to people. Terri Quote Link to comment Share on other sites More sharing options...
elizabeth Posted February 22, 2011 Author Share Posted February 22, 2011 It is not about libel. Sadly the book is about the endless explotation of other human beings and it appears the athor did just what she was speaking out against. The wrongdoing is in calling it fiction and misappropriating the likeness of the character to a real person. Legally it is tough to prove but, ahem, suits have been brought and won... Quote Link to comment Share on other sites More sharing options...
Murphy101 Posted February 22, 2011 Share Posted February 22, 2011 It is not about libel. Sadly the book is about the endless explotation of other human beings and it appears the athor did just what she was speaking out against. The wrongdoing is in calling it fiction and misappropriating the likeness of the character to a real person. Legally it is tough to prove but, ahem, suits have been brought and won... :iagree: I'm not at all sure I agree with unauthorized autobiographies either, but at least they are being honest that they are writing about another person without permission or verification or input. Quote Link to comment Share on other sites More sharing options...
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