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    holdenflames's Avatar
    holdenflames Posts: 1, Reputation: 1
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    #1

    Jun 4, 2009, 03:14 PM
    Deflimation of character
    Can you sue someone who uses your name first and last in a movie about the said name being gay?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 4, 2009, 03:19 PM

    MAYBE ONLY IF you have an extremely unique name that no body else has.

    It is not defamation of character though because the movie is not about you personally.

    Then say you could sue for them using your name, depending on how common your name is you would have to share your win with everybody else with that name that got the bright idea to sue.

    Also nowadays it is politically incorrect to consider gays in the same scenerio as defamation so you just might end up with some gays suing you.

    So in the long run unless we want Hollywood to come up with some names of their own that nobody else is allowed to use then we just have to sit and watch the movie and deal with the fact they happened to pick 'your' name for their next character.
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #3

    Jun 4, 2009, 03:22 PM

    You can sue anyone for anything.. you just probably won't win.

    In this case, I wouldn't waste your time. Your name is more likely not copyrighted so anyone can use it for anything.

    If you are Oprah Winfrey (whose name IS copyrighted) then you would probably have a case.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 4, 2009, 03:31 PM

    In addition you will notice a disclaimer on most movies and TV shows that states that it's a work of fiction and any resemblance to a living person is purely coincidental.
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #5

    Jun 4, 2009, 04:05 PM

    No rep to give you.. but good point, scott!
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #6

    Jun 5, 2009, 07:27 AM

    All that has said above and the fact that there is nothing defamatory about being gay.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #7

    Jun 5, 2009, 11:35 AM
    Quote Originally Posted by stevetcg View Post
    All that has said above and the fact that there is nothing defamatory about being gay.
    Unless, of course, the OP is gay and hasn't come out yet... then perhaps I could see their upset at "their" name being used and outed. But not likely... I just like throwing my two pennies in :D
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #8

    Jun 5, 2009, 11:43 AM

    stevetcg agrees: Except one of the stipulations of defamation is that it has to be false...
    Didn't you see "In & Out"? ;)
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #9

    Jun 5, 2009, 11:45 AM
    Quote Originally Posted by this8384 View Post
    Didn't you see "In & Out"? ;)
    Nah - I don't watch porn anymore. :)
    liz28's Avatar
    liz28 Posts: 4,662, Reputation: 1034
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    #10

    Jun 5, 2009, 12:06 PM

    I guess I have a lawsuit on my hand as well because I once saw a movie where my first and last name were used. Hehe

    Have anyone came up to you questioning your sexually?
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #11

    Jun 5, 2009, 12:15 PM

    There were a bunch of movies that made me out to look like a tore-up campground serial killer! I was even born on a Friday the 13th!

    Now every time I see a naked girl in the shower they run away screaming... obviously they are afraid I am going to hack them to death with a machete.

    I'm suing!
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