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November 9, 2012
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I want to post a romance RPF and need to know the restrictions!

:iconanionegraton:
AnioneGraton Featured By Owner Nov 9, 2012  Hobbyist Artisan Crafter
I've posted several regular deviation pictures, but I'd like to upload my romance story. I have a few questions for those of you who are experienced in posting/reading stories on dA.

First of all, I'm writing an RPF (real person fiction, meaning instead of fan fiction where I'm manipulating the lives of fictional characters, I'm actually making up a story that involves a real person) and want to know what the restrictions are. Do I even have a right to post it? I've hashed it out with ppl on other websites about restrictions and rights, and I would really appreciate if you could just give me the facts instead of trying to lecture me on the pros/cons of writing about real people. I know what I'm doing, I'm a grown-up.

Secondly, I am writing a romance, which means that at some point there will be a love scene. Nothing is overly explicit or graphic about my love scenes, everyone is of age and consenting, and I don't go into much detail. Basically, I use buzz words (like 'maleness' in lieu of 'penis' for example) and I focus more on sensation and emotion than the physical act itself. Is that considered pornographic? Because if it is, I won't post it at all, since I can't write a love story without a love scene.

Any other tips or pointers are appreciated. Please be helpful and friendly, as I strive to be helpful and friendly as well! I don't want to get into another discussion about being 'sued' for what I write. Thanks so much for your help!!
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Devious Comments

:iconanionegraton:
AnioneGraton Featured By Owner Nov 11, 2012  Hobbyist Artisan Crafter
I appreciate the help, I looked up the FAQ on pornographic literature, and that's why I was asking. I don't consider my writing 'pornographic' by any means, and that is why I asked the question.

As for those of you that chose to lecture me about RPFs when I explicitly said I didn't need the lecture, I am fully aware of the repercussions of posting RPFs, and I don't really care how anyone else 'feels' about it. To be honest, I don't see what the huge deal is. I'm not selling or profiting from my stories about real people, and I don't see the difference between my writing a story simply for my own pleasure and someone drawing a picture of themselves with their favorite actor. Why should I be persecuted for the way I choose to express my devotion and love for an actor/character/actress/singer/celeb? I'm supposed to NOT share my love because I can't draw? That doesn't really seem fair...

I'm not asking you people for permission. I'm asking for the guidelines, whether or not I can post RPFs and if my love scenes are considered pornographic. As far as I know, freedom of speech is still a right and I exercise that right with my stories. No one can make me feel bad about it.

I appreciate the wasted time you took to lecture a perfect stranger.
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:iconrovanna:
Rovanna Featured By Owner Nov 11, 2012   Digital Artist
How about you look at RPF groups on here and see what kinds of things are there? That would give you an idea of what's allowed. I don't read this kind of thing, so I wouldn't know.

Most people don't draw pictures of themselves pashing or banging their favourite celebrities, none that I've seen around here anyway. If I did see it, I'd find it just as creepy as a story about the same thing. Maybe creepier. (I'm not calling you creepy btw, I just find the idea of RPF creepy.) So I don't think it's a bias against RPF stories, exactly.
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:iconanionegraton:
AnioneGraton Featured By Owner Nov 11, 2012  Hobbyist Artisan Crafter
Yeah, I agree that most people don't draw those pictures, and certainly this story is not about ME. I'm through the phase of writing myself into a story (and using my own name, lol). The story is a romance about a separate, totally new original character and I have no intention of making said RP look gross, demeaned, or any of the above.

The bottom line is, everyone has their celebrity crushes. Everyone else in the world is allowed to sit down and sketch a picture of whatever/whoever they want, and it's totally condoned. I prefer to write and yet everyone thinks I'm trying to skewer an innocent person. There are so many worse things I could do with my time.

And thank you for your suggestion. I'll look into it.
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:iconrovanna:
Rovanna Featured By Owner Nov 11, 2012   Digital Artist
Cheers.

Sure thing. I'm not trying to tell you what to write. Just letting you know there's no double standard between writing and drawing.
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:iconsonamyfan362:
SonAmyFan362 Featured By Owner Nov 9, 2012  Professional Writer
What's RPF mean?
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:iconlytrigian:
Lytrigian Featured By Owner Nov 9, 2012  Hobbyist Writer
"First of all, I'm writing an RPF (real person fiction...)"
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:iconsonamyfan362:
SonAmyFan362 Featured By Owner Nov 9, 2012  Professional Writer
Oh. Sorry. I tend to associate acronyms with uppercase letters.
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:iconlytrigian:
Lytrigian Featured By Owner Nov 9, 2012  Hobbyist Writer
Basically, I use buzz words (like 'maleness' in lieu of 'penis' for example)

In the interests of being even moderately friendly, I have declined to post my reaction to this approach.

If you're asking about having the "right" to post something, you invite talk of legalities, because the subjects of your story certainly have a RIGHT to their privacy if you're revealing anything that violates it, and they have a RIGHT not to be slandered.

Why even call it an RPF? Why would anyone who doesn't know you IRL even suspect that your characters are real people in your life? Lots of fictional characters are *based on* real people their authors know, and that's basically what you've done here anyway. You're in no position to dictate how anyone you know might or might not react in a given situation. Therefore, to the extent your situations are fictional, the characters are too no matter what they look like or what you've named them.
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:iconhavetales-willtell:
HaveTales-WillTell Featured By Owner Nov 9, 2012  Professional Writer
Actually, it wouldn't surprise me if by RPF, the OP was referring to celebrity fan fiction.

Celebrities by their nature have rescinded some of their expectation of privacy; the question is whether this extends to fictional stories based upon them. My guess is that the answer is yes; if J. K. Rowling can sue to prevent undue exploitation of Harry Potter, then Britney Spears has at least an equal right to protect her own public image from libel or (further) defamation.
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:iconvglory:
vglory Featured By Owner Nov 10, 2012
Celebrities, by their immense fortunes, can often sue people for defamation and ruin their lives even if they don't ultimately win the suit.
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:iconhavetales-willtell:
HaveTales-WillTell Featured By Owner Nov 10, 2012  Professional Writer
That is unfortunately quite true, and another the thing the OP ought to consider.
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:iconneurotype:
neurotype Featured By Owner Nov 10, 2012  Hobbyist General Artist
Rosa Parks sued Outkast for naming a song after her, or something like that. :O
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:iconhavetales-willtell:
HaveTales-WillTell Featured By Owner Nov 10, 2012  Professional Writer
That's a bit of a complicated case as well. Turns out it was an old woman's lawyers smelling a pay day, using her supposed defamation as the excuse.
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:iconneurotype:
neurotype Featured By Owner Nov 10, 2012  Hobbyist General Artist
Oooh, hadn't ever followed the story through to the end. But still, if they thought they had a case over a positive depiction, imagine easily libellous erotica.
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:iconlytrigian:
Lytrigian Featured By Owner Nov 9, 2012  Hobbyist Writer
A celebrity does have certain rights to control the use of their image, yes. Mind you, it's not too hard to find outright porn involving real celebrities as characters, and to my knowledge the writers don't get sued over it. Chances are that most celebrities are too smart to call attention to such material in that way.
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:iconhavetales-willtell:
HaveTales-WillTell Featured By Owner Nov 9, 2012  Professional Writer
In general, porn purveyors would instead prefer to use a made-up name which strongly implies the celebrity in question. That way they have a legal recourse under fair use laws, by being able to claim that the movie in question was intended as a parody.

Hard romance is a somewhat-murkier area; but you're right in pointing out the possibility of a Streisand Effect.
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:iconkyteglory:
KyteGlory Featured By Owner Nov 9, 2012
Most countries have some legal means of prosecuting RPF. In the United States, RPF with romantic or sexual portrayals of the real person in question is considered to be a form of sexual harassment of the individual that the RPF was written about. RPF is also viable material for a libel case, if the victim feels that the portrayal is damaging to their image or that the portrayal is harmful to their emotional wellbeing. Which I think would be the case for most people if somebody was writing porn about them without their permission.

So, no, you don't have a legal right to post it without the subject's consent. To say nothing of an ethical right.
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:iconoxfordtweed:
OxfordTweed Featured By Owner Nov 10, 2012  Hobbyist General Artist
I've seen people whose reaction to C&D letters over RPF was to basically just change their username on LJ and keep on keeping on.

It's like, how do you even? Obviously, they upset someone, but there they are.
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:iconkyteglory:
KyteGlory Featured By Owner Nov 11, 2012
I have no idea, honestly. In the same way that I don't understand stalkers or annoyingly persistent suitors. It's hard for me to imagine how you could be so strongly attracted to somebody without having even a modicum of respect for them. But people like that exist in great abundance, unfortunately.
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:iconoxfordtweed:
OxfordTweed Featured By Owner Nov 11, 2012  Hobbyist General Artist
I never know how to feel when I find out that one of my friends writes it. I'm torn between distancing myself from them and, you know, not losing a friend.
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:iconjzlobo:
JZLobo Featured By Owner Nov 9, 2012  Hobbyist Writer
I am loving this comment.
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:iconeuterpe-the-egret:
Euterpe-The-Egret Featured By Owner Nov 9, 2012  Student Traditional Artist
:nod: I'm glad you brought this up. I wasn't sure how to properly and effectively make this point. Personally, I'd not want a sexual RPF written (or any RPF really) about me.
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:iconneurotype:
neurotype Featured By Owner Nov 9, 2012  Hobbyist General Artist
Did they revise that recently? :B
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:iconlytrigian:
Lytrigian Featured By Owner Nov 9, 2012  Hobbyist Writer
Doesn't look like it.
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:iconneurotype:
neurotype Featured By Owner Nov 10, 2012  Hobbyist General Artist
Blah, I have no idea how long ago I read it then.
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:iconneurotype:
neurotype Featured By Owner Nov 9, 2012  Hobbyist General Artist
I'm not touching the RPF thing because, yeah, I'm pretty biased about it.

As far as the romantic scenes go, it seems to me like you're okay as long as you don't explicitly describe the process of penetration or go into detail about the bodily fluids. The safest thing to do may be to ask staff via a Help Desk ticket, though.
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:iconanionegraton:
AnioneGraton Featured By Owner Nov 11, 2012  Hobbyist Artisan Crafter
Thank you! I don't talk about anything too graphic. Like I said, I tend to focus more on the emotions of the moment. It's a love scene, after all. Thanks for your input!!!
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:icongreen-eyedtiger:
Green-EyedTiger Featured By Owner Nov 9, 2012  Hobbyist Writer
doesn't that take forever? :shrug:
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:iconneurotype:
neurotype Featured By Owner Nov 9, 2012  Hobbyist General Artist
Depends on what it is, overall I've gotten responses within two days.
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