All persons fictitious disclaimer
Encyclopedia
An all persons fictitious disclaimer is a disclaimer
in which a work of media states that all persons portrayed in it are fictitious. This is done to reduce the possibility of legal action for libel from any person who believes that he or she has been libeled via their portrayal in the work (whether portrayed under their real name or a different name).
Such a disclaimer often reads similarly to the following:
The wording of this disclaimer differs from jurisdiction to jurisdiction, and from country to country, as does its legal effectiveness.
, which insinuated that the character Princess Natasha had been raped by Rasputin. Princess Natasha's character was supposedly intended to represent Princess Irina of Russia
, and the real Princess Irina sued MGM for libel. After seeing the film twice, the jury agreed that the princess had been defamed. Princess Irina and her husband Felix Youssoupoff were reportedly awarded $127,373 in damages by the English Court of Appeal in 1934 and $1 million in an out-of-court settlement with MGM. As a preventative measure against further lawsuit
s, the film was taken out of distribution for decades. Prompted by the outcome of this case many studios began to incorporate an "all persons fictitious" disclaimer in their films in order to try to protect themselves from similar court action.
", stated that "Any resemblance between the characters in this picture and any persons, living or dead, is a miracle." The sequel I'll Never Heil Again
features a similar introduction. In the film An American Werewolf in London
, and in "Michael Jackson's Thriller" the disclaimer refers to "persons living, dead or undead
". An episode of the TV series Red Dwarf
included a news report saying an ancient scroll had been found containing such a disclaimer for the Bible. The novel Breakfast of Champions
by Kurt Vonnegut
features a truncated version of the disclaimer: "All persons, living and dead, are purely coincidental, and should not be construed," referring to the novel's existentialist themes. The memoir A Heartbreaking Work of Staggering Genius
, by Dave Eggers
, because of its autobiographical nature, features the following play on the usual disclaimer: "Any resemblance to persons living or dead should be plainly apparent to them and those who know them, especially if the author has been kind enough to have provided their real names and, in some cases, their phone numbers. All events described herein actually happened, though on occasion the author has taken certain, very small, liberties with chronology, because that is his right as an American." Richard Linklater
's 1990 feature film Slacker
ends with "This story was based on fact. Any similarity with fictitious events or characters was purely coincidental." All episodes of South Park
open with a tongue-in-cheek disclaimer that begins by stating, "All characters and events in this show – even those based on real people – are entirely fictional. All celebrity voices are impersonated – poorly."
Disclaimer
A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship...
in which a work of media states that all persons portrayed in it are fictitious. This is done to reduce the possibility of legal action for libel from any person who believes that he or she has been libeled via their portrayal in the work (whether portrayed under their real name or a different name).
Such a disclaimer often reads similarly to the following:
- All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.
The wording of this disclaimer differs from jurisdiction to jurisdiction, and from country to country, as does its legal effectiveness.
Origins
The disclaimer originated with the 1932 MGM movie, Rasputin and the EmpressRasputin and the Empress
Rasputin and the Empress is a 1932 film about Imperial Russia starring the Barrymore siblings—John , Ethel , and Lionel Barrymore . It is the only film in which all three appeared together...
, which insinuated that the character Princess Natasha had been raped by Rasputin. Princess Natasha's character was supposedly intended to represent Princess Irina of Russia
Princess Irina of Russia
Princess Irina Alexandrovna of Russia was the only daughter of Grand Duke Alexander Mikhailovich of Russia and Grand Duchess Xenia Alexandrovna of Russia...
, and the real Princess Irina sued MGM for libel. After seeing the film twice, the jury agreed that the princess had been defamed. Princess Irina and her husband Felix Youssoupoff were reportedly awarded $127,373 in damages by the English Court of Appeal in 1934 and $1 million in an out-of-court settlement with MGM. As a preventative measure against further lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s, the film was taken out of distribution for decades. Prompted by the outcome of this case many studios began to incorporate an "all persons fictitious" disclaimer in their films in order to try to protect themselves from similar court action.
Use for comedic purpose
Because the disclaimer is intended for serious purposes, it is often the subject of comedic satire. The Three Stooges' parody of Nazi Germany, "You Nazty SpyYou Nazty Spy
You Nazty Spy! is the 44th short subject starring American slapstick comedy team the Three Stooges. It was the first Hollywood film that openly satirized Adolf Hitler and Nazi Germany, months before Charles Chaplin's controversial feature film, The Great Dictator.-Plot:In the fictional country of...
", stated that "Any resemblance between the characters in this picture and any persons, living or dead, is a miracle." The sequel I'll Never Heil Again
I'll Never Heil Again
I'll Never Heil Again is the 56th short subject starring American slapstick comedy team the Three Stooges. The trio made a total of 190 shorts for Columbia Pictures between 1934 and 1959.-Plot:...
features a similar introduction. In the film An American Werewolf in London
An American Werewolf in London
An American Werewolf in London is a 1981 British-American horror film, written and directed by John Landis. It stars David Naughton, Jenny Agutter, and Griffin Dunne....
, and in "Michael Jackson's Thriller" the disclaimer refers to "persons living, dead or undead
Undead
Undead is a collective name for fictional, mythological, or legendary beings that are deceased and yet behave as if alive. Undead may be incorporeal, such as ghosts, or corporeal, such as vampires and zombies...
". An episode of the TV series Red Dwarf
Red Dwarf
Red Dwarf is a British comedy franchise which primarily comprises eight series of a television science fiction sitcom that aired on BBC Two between 1988 and 1999 and Dave from 2009–present. It gained cult following. It was created by Rob Grant and Doug Naylor, who also wrote the first six series...
included a news report saying an ancient scroll had been found containing such a disclaimer for the Bible. The novel Breakfast of Champions
Breakfast of Champions
Breakfast of Champions, or Goodbye Blue Monday is a 1973 novel by the American author Kurt Vonnegut. Set in the fictional town of Midland City, it is the story of "two lonesome, skinny, fairly old white men on a planet which was dying fast." One of these men, Dwayne Hoover, is a normal-looking but...
by Kurt Vonnegut
Kurt Vonnegut
Kurt Vonnegut, Jr. was a 20th century American writer. His works such as Cat's Cradle , Slaughterhouse-Five and Breakfast of Champions blend satire, gallows humor and science fiction. He was known for his humanist beliefs and was honorary president of the American Humanist Association.-Early...
features a truncated version of the disclaimer: "All persons, living and dead, are purely coincidental, and should not be construed," referring to the novel's existentialist themes. The memoir A Heartbreaking Work of Staggering Genius
A Heartbreaking Work of Staggering Genius
A Heartbreaking Work of Staggering Genius is a memoir by Dave Eggers released in 2000. It chronicles his stewardship of younger brother Christopher "Toph" Eggers following the cancer-related deaths of his parents....
, by Dave Eggers
Dave Eggers
Dave Eggers is an American writer, editor, and publisher. He is known for the best-selling memoir A Heartbreaking Work of Staggering Genius and for his more recent work as a screenwriter. He is also the co-founder of the literacy project 826 Valencia.-Life:Eggers was born in Boston, Massachusetts,...
, because of its autobiographical nature, features the following play on the usual disclaimer: "Any resemblance to persons living or dead should be plainly apparent to them and those who know them, especially if the author has been kind enough to have provided their real names and, in some cases, their phone numbers. All events described herein actually happened, though on occasion the author has taken certain, very small, liberties with chronology, because that is his right as an American." Richard Linklater
Richard Linklater
-Early life:Linklater was born in Houston, Texas. He studied at Sam Houston State University and left midway through his stint in college to work on an off-shore oil rig in the Gulf of Mexico. While working on the rig he read a lot of literature, but on land he developed a love of film through...
's 1990 feature film Slacker
Slacker (film)
Slacker is an American independent film written and directed by Richard Linklater, who also appears in the film. Slacker was nominated for the Grand Jury Prize - Dramatic at the Sundance Film Festival in 1991.-Plot summary:...
ends with "This story was based on fact. Any similarity with fictitious events or characters was purely coincidental." All episodes of South Park
South Park
South Park is an American animated television series created by Trey Parker and Matt Stone for the Comedy Central television network. Intended for mature audiences, the show has become famous for its crude language, surreal, satirical, and dark humor that lampoons a wide range of topics...
open with a tongue-in-cheek disclaimer that begins by stating, "All characters and events in this show – even those based on real people – are entirely fictional. All celebrity voices are impersonated – poorly."