Apparently there are two questions. Is it legal to do this, and is it ethical to do this?Originally posted by reverie35
Celebrity Privacy
Many of these Celebrities go out of there way to be sure they enter into the fantasies of their fans. Now you are concerned for their privacy because I have written about the fantasies of one such fan. I think these people have damaged their privacy way beyond my abilities to effect them with a short story. It is my understanding that the courts have ruled about the privacy rights of public figures here in the US.
I don't think it's ethical in any way. I don't think their loss of privacy is absolute. For example, there have been several cases of ex-boyfriends posting photos and tapes that the celebrities made thinking they would remain private. That is wrong --sleazy and immoral.
With regard to the legality issue, it is true that the courts have ruled that being a celebrity means you lose some privacy rights, but the loss is not absolute. Yes, it is OK to photograph a celebrity you see on the street, but not OK to try and photograph them in their bathroom. In this case, I think you have crossed the line. This is not a joke on Saturday Night Live or the Leno show. You have used their real-life personas in a work of fiction without their consent, and then you have published it. Considering the sexual nature of the fiction, I believe you could expect to lose if any of these people elected to sue you. Other people have been successfully sued for putting a celebrity face on a nude photo and posting it as an actual image.
You might want to keep in mind that unless you are rich, you couldn't afford to win even if the law was on your side. It may be wrong, but the fact is that a rich person with a lawyer can make your life hell, and unless you have enough money to get your own legal team, you could be in a lot of hurt.
The story would be just as good if the names were not those of real people. The name dropping is, in this case, gratutious.
Bill