BY KATHI KAMEN GOLDMARK AND SAM BARRY

The Author Enablers are here to answer your questions about writing and publishing. Together, Kathi and Sam have more than 25 years of experience in book publishing. Kathi is an author, radio producer and former publicist; Sam is a marketing manager at a major publishing company and a freelance editor. They are also proud members of the Rock Bottom Remainders, the all-author rock band founded by Kathi in 1992.

The name of the game

Dear Author Enablers,

My novel is based on an event that happened in 1961. I have created fictional descendants of two people involved and used them in a "what-if" story that centers on that incident and its influence on the children. Am I opening myself to a libel suit even if I change the names of the people involved? I can't change the event or the location without destroying the plot.

Joyce Fink
Chehalis, Washington

We're not legal experts, but there is precedent here. Truman Capote wrote In Cold Blood about real people, and Norman Mailer's The Castle in the Forest is a fictional account of Hitler's family. Writers from Homer to Shakespeare to Joyce Carol Oates have been inspired by historical events.

Of course you should change the names and other identifiers, and make it clear that this is a work of fiction. One clause in any publishing contract will state that the work is entirely yours, and it's not the publisher's fault if someone sues you. But any reputable publisher will have your manuscript checked by a lawyer (or, in a major-publishing situation, a phalanx of lawyers) retained solely for the purpose of keeping everyone out of trouble. Luckily, when it comes to copyright law, as a general rule no one can lay claim to a title or an actual event—it is only the body of work, as written, that can be copyrighted. Fiction writing should be limited only by your imagination.

Dear Author Enablers,

I've been working on a mystery novel featuring a character I like and who, I hope, will become a series character. Out of curiosity, I googled my character's name and found he shares the name of an adult film actress.

While my character has nothing to do with adult films and can't possibly be confused with this actress (for one thing, he's a man; for another, the novels are set in a different time period), could this coincidence in any way be a problem in the future? (And yes, I am assuming success at some point. If I don't, who will?)

Dan Coakley
Boston, Massachusetts

We don't see any problem in this odd coincidence. The issue would be defamation of character (what would that mean for a porn star, we wonder?), but you are not writing about a real person. Assuming that no one could misconstrue your fictional character as a thinly disguised depiction of the actress, you should be okay.

We can imagine some delicious confusion when your book becomes a bestseller and is optioned for the movies. You might have stumbled upon a funny angle for publicity and marketing purposes, and if the adult film star happens to have a large family, you're bound to benefit from increased sales.

Dear Author Enablers,

How do you appropriately submit/publish using a pseudonym? If you do, how do you later prove that you wrote the work? How do you claim it as part of your resume when submitting other items for publication?

David Rose
Geneseo, Illinois

David, is that you? Or is this Eunice? Fred? We recommend that you write under whatever name you choose. Your contract will indicate that you are so-and-so writing as so-and-so, and the contract provides sufficient legal proof that you wrote the work in question. Your resume can state that you've written under a pseudonym, not an unusual occurrence.

Many well-known writers have employed pseudonyms for all sorts of reasons. Stephen King used the name Richard Bachman to write Rage, The Long Walk and several other novels. Some authors write under assumed names when venturing into other genres, such as mysteries or romance, or under a name that suggests another gender, i.e. George Eliot. If you have early success, there is a good chance your pseudonym will simply become your writing name. But remember—if you want breathless reviews in your college alumni newsletter, use your real name.

Yours truly,
Marilyn Monroe and John F. Kennedy (The Author Enablers)