Reading the words “based on a true story” at the beginning of a novel tells you you’re in for a wild ride; no one makes that distinction before a humdrum novel where nothing bizarre or fascinating happens. And as an author struggling to plot out compelling stories with believable twists, coming across the perfect story in the real world can feel like a gift from the universe.
But if it was such a fantastic event, why not write a nonfiction book? And if the people involved don’t want you to write about their lives, how can you protect their wishes while also protecting your own freedom of expression?
The line between fact and fiction can be blurry, but as an author, you still need to know where you stand. Writing about real life can bring up ethical issues that don’t go away when you decide to use the facts as inspiration rather than putting on your reporter’s hat.
Please and Thank You
Everything in art comes from real life, at least to a certain extent. Most of the time, you don’t need to ask for permission to use real-life inspiration. For example, if you stay at a B&B that’s in an old Victorian house and you think it might be fun to write a haunted house story about an old Victorian house that was converted into a B&B, you don’t need to ask the owner for permission. That’s a normal way to find inspiration for a story!
However, if you write your haunted B&B so that it looks exactly like the one you stayed in, you describe the owners as the real owners, you set it in the same location, and you use enough of your real experience that readers can easily identify the actual business, that is, at the very least, in poor taste. The owners might not appreciate having their business associated with a murderous ghost. And really, if you’re going that far, are you really just taking inspiration for your own creativity or are you just trying to get away with less work?
Ask yourself why you want to make your fictional B&B exactly like the one you stayed in, down to the real people who own it. If there’s something specific about that real setting that you need for your book, you also need express permission from the people involved.
Whose Story?
Maybe your B&B had a wonderfully colorful ghost story associated with the property, one that the owners shared for fun; maybe that’s how they advertise the business, and it’s a favorite of ghost hunters around the world.
In that case, who owns the story? Not you—you’re a guest, in every sense of the word. If the owners like the idea of you writing a book based on the story, there will be more than just a verbal OK to consider, especially if the ghost story is tied to how they make money. After all, the B&B owners will certainly deserve some of your profits, and they’ll be entitled to have a say in even the finer points of your plot.
Say the ghost story is about an ancestor of one of the owners. Maybe they feel comfortable sharing it because it happened generations ago, but it might be a very sad story about a death in the family. In that case, your discussions—not just with the living family but with yourself—should be about your right to tell this story. Why should your name be on this book? Would it be better for you to serve as more of a ghostwriter?
Dial It Back
Maybe all that is way more than what you’re thinking about. Maybe you just had a fun three-day weekend at a charming B&B owned by an elderly couple, and they kept a decorative, antique doll on display in the entrance hall. After joking about haunted dolls with your friends, you come up with the idea for a book where the older woman who runs the B&B is actually a witch, and the doll comes to life at night to do her bidding. Do you really need to share profits and credit with sweet Mrs. Smith for that?
Probably not. Creepy dolls and duplicitous innkeepers are pretty standard horror fare. Even if Mrs. Smith wasn’t all that sweet, and genuinely gave you the creeps, you can reasonably chalk that up to the old cliché that fact is stranger than fiction.
If you’re feeling genuinely uncomfortable, ask yourself why and think back to how identifiable the real-life story is in your book. Maybe ask a beta reader to try and find real-life inspiration. If they easily come back with the real place you stayed, consider giving your fictional B&B a different coat of paint, a different history, and a different setting.
Then imagine you’re Mrs. Smith herself. Can she identify her business by what she writes to the guests in the booking confirmation email, in the names of the characters, or interactions she had with you? In that case, dial up your creativity. After all, your character design should fit into your story, and presumably that doll didn’t actually come after you with a knife, so a lot should be changing from your actual experience!
Don’t Be a Jerk
It should go without saying, but in case it doesn’t: Consult a lawyer to truly know where the line is, legally speaking.
Legality aside, if you still feel uncomfortable even after your lawyer says you’re within your rights, consider listening to that feeling. We all take inspiration from real life, so if your conscience is saying you might be taking advantage of a story that isn’t yours, listen to that feeling. It’ll be easier than putting something out into the world that you can’t take back.
Chelsea Ennen is a writer living in Brooklyn with her husband and her dog. When not writing or reading, she is a fiber and textile artist who sews, knits, crochets, weaves, and spins.
