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Last year I met authoress Kathryn Stockett at the Book Expo in New York City. Ms. Stockett was signing copies of her best-selling novel, The Help. I absolutely enjoyed this book, so much so that, I gave a copy to a good friend of mine. For those of you who haven’t read it, the story takes place in Jackson, Mississippi in 1962. The chapters are narrated through the eyes of three women: two black maids and a white college graduate.
The author does a great job at depicting the city, the characters, and the setting of the time, not to mention diction. This story is poignant —funny, sad, and realistic without overdoing it. It has just the right amount of each element.
According to the author, her inspiration came from her real-life maid, Demetrie, who died when Stockett was only sixteen. Now a woman in Jackson, Mississippi claims she’s the maid depicted in the book. She says the alliteration of her name and physical attributes are similar. This woman has filed a lawsuit against Ms. Stockett and is seeking damages of $75,000 for emotional distress. This inspiration is being called unpermitted appropriation, which is the unwanted and unpermitted use of the name or likeness of an ordinary, uncelebrated person for advertising or other such commercial purposes.
Give me a break! This is outrageous! Writers find inspiration in almost anything, living or not, past or present, and the writer’s imagination is limitless. Should writers stifle their creativity in order to avoid a potential lawsuit? Stop worrying about typos, bad editing, or even getting published. Writers, meet your new problem: blackmail!
Do you think it’s fair to limit your creativity in order to avoid unpermitted appropriation?
I agree with you that this is outrageous. That's why writers often have the disclaimer that all similarities are fictional and not meant to resemble any one true person. That poor author!
ReplyDeleteNo, absolutely not. I always laugh when I read the disclaimer on the copyright page: "Any resemblence...coincidental." NO CHANCE! We all draw from those we meet and what we experience. And as far as I'm concerned, it is our right as the recorders of life.
ReplyDeleteAlthough with that said, when I submitted my entry to the AWP Short Fiction prize, I did edit a character so that he bore slightly less resemblence to someone I knew. Just in case.
That is ridiculous. I can't imagine it succeeding--the precedent it would create is unimaginable. Maybe I should find some character in a new famous book that remotely resembles me and sue the author for unpermitted appropriation! It would open the door for anyone to get away with such nonsense. Maybe, though, my comment comes too late. Maybe the precedent is already set and this woman is just part of the sue-happy bandwagon. Seriously, I think it's beyond ridiculous.
ReplyDeleteAwful situation for Ms Stockett!! I didn't know this! I hear of the controversy surrounding her book's topic but this is a new one!! Does this person suing know the author or her family in any way or is she completely unknown to the family? How or who allowed this lawsuit to be filed in the first place? How interesting!! I might read around for more on this! Thanks for the info!
ReplyDeleteTake care
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It sounds like it would be difficult to prove unpermitted appropriation. I wonder if this case is getting coverage and consideration because of the popularity of the book. Do you know if there is a link that has any details to the complaint?
ReplyDeleteI'm sure that Mrs. Stockwell didn't mean to make her maid look like an idiot, the opposite even. I find it a very sad story. For the writer I mean. She spent all that time crafting this story about that person who inspired her...and then that person reads the story and manages to ruin everything. Very sad.
ReplyDeleteThanks for sharing, things like that are always good to know.
Hi Alleged Author,
ReplyDeleteYes, disclaimers are helpful but there's always some shameless person that will try to profit at any cost.
Hi Jenna,
Good move! always protect yourself and your work. It's better to be safe than sorry. ;)
Hi Carla,
Unfortunately, there are people with no scruples that'll do anything for a few bucks. I agree with you, this is ludicrous!
Hi Kitty,
The woman who filed the suit works or worked for a family member of Ms. Stockett. That's how she knows about the book. You should read the book. It's an amazing story. I don't see what's so controversial about it. She tells history the way it happened. We cannot deny it. Imagine if Mark Twain were alive! He'd probably would have encountered all sorts of blackmail and lawsuits. Just sad!
Hi Red,
Yes, you can read more about it in the New York Times. Check out this link:
www.nytimes.com/2011/02/18/books/18help.html
Hi Ben,
On the contrary, like they said in the New York Times, Ms. Stockett made her maid look saintly as she depicted a selfless generous woman. So, it doesn't matter how writers depict a character, there will always be someone or a group of ignorant people who'll discredit your work and besmear your name. Let me not mention any names here ;)
Thanks for the link! It's ridiculous that there is a case at all and I still think, after reading the NYT piece, that the matter is being considered at all due to the popularity of the book. The fact that the character is portrayed in such a positive light makes it seem even more like the suit is just an attempt to get money. At least the odds of it going anywhere are slim.
ReplyDeleteLet's all hope the suit goes nowhere.
ReplyDeleteGosh, this is awful! I think if you look hard enough you can find yourself in lots of books...Shame on that lady for sueing!
ReplyDeleteThere is however a 'positive' to this frivolous lawsuit. The book is consequently garnering added publicity, as a result of the controversy, resulting in increased sales. So, if I were to write a literary piece in such a manner as to intentionally manufacture controversy of a similar nature, this would increase the marketability of my 'product'. Would my actions, being beneficial to me, be considered unethical or the writer's equivalent of a publicity stunt?
ReplyDeleteHi Alley,
ReplyDeleteYou're welcome. Yes, it's ludicrous this case is even being considered. The author's portrayal of the MC is told in a positive way. Therefore, this suit is a scam.
Hi Carol,
I'm with you!
Hi Sharon,
Never thought of that one, Sharon. You're right. We can all find a bit of ourselves in certain characters.
Hi Vasilios,
ReplyDeleteI hope Ms. Stockett wins the case and in turn increase her book sales ;)
I loved that book, Claudia! And I would not like to think that such an important story and the issues it raises goes untold for fear of unpermitted appropriation. How unfortunate that Ms. Stockett will now be distracted from her real passion and communicating important truths as she gets sidetracked by a lawsuit.
ReplyDeleteHi Kelly,
ReplyDeleteOh my gosh! you couldn't have said it better. Thank you for sharing your views on this issue.
Hi Claudia, you are the best, do not care about the rest..
ReplyDeleteI've heard very good things about this book. Now I want to go buy it, maybe several copies - to give away on my blog *idea brewing*. I hope everything turns out okay for the author. Even if it were based on that woman, the authors freedom to tell the story should be protected.
ReplyDeleteHi Michelle,
ReplyDeleteI absolutely loved the book. I hope you like it as well. Ooooh! please do tell, what's this "idea brewing"?
Keep me updated ;)
Lawyers invented this stuff, keeps em busy. Did the author and this woman ever even meet?
ReplyDeleteClaudia, I have an award for you. :-)
ReplyDeleteHello! I came by from Sharon Mayhew's blog. :)
ReplyDeleteThis is a book I want to read so I am sad for the author to hear about this. Hopefully it's a case that will soon lose its steam.
Hi toemail,
ReplyDeleteThe woman in question works for a relative of the author. I guess that's how she learned of the book.
Hi Sharon,
thank you so much! that's very nice of you ;)
Hi Jayne,
Thank you for joining my blog. Welcome!
I think you'll enjoy the book despite the lawsuit surrounding it.
What a nightmare! Writers do take inspiration from anywhere, and to legislate that would be impossible. I've heard so many great things about the book and I'm looking forward to reading it.
ReplyDeleteHi Beth,
ReplyDeleteThank you for stopping by and leaving a message. I highly recommend this book. I know you'll enjoy it. ;)
Some people will look for any excuse to sue. That woman probably just saw an opportunity, but really, since the maid in the book is portrayed in such a good light, why would this woman want to sue? Obviously money is more important than looking intelligent. Yay for the extra publicity for the book.
ReplyDeleteHi Chris,
ReplyDeleteYep! It's sad but it's true. Some people will do anything for money. I hope her lawyer advised her that she has no case here. Thanks for stopping by ;)
We read The Help for our book club read and loved it. As with any book that brings up racial issues there is always controversy and people who want their say. In the end, though, it's a work of FICTION! And from what I remember the author spoke fondly of her maid and regretted she did not tell her how beloved she was to her growing up.
ReplyDeleteHi Laura,
ReplyDeleteWasn't it a beautiful read? I truly enjoyed it from beginning to end. Some people don't care whether a book is a work of fiction or not. These people are just in for the money, unfortunately.