Legal Question Re: Name Use?

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abctriplets

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Ok, quick question about one of my characters (in a fiction quasi-historical adventure MG story)...

Part of my story references J.P. Morgan (1837-1913), whose White Star Line operated the Titanic, and who had various interests in technology and mining in the early 20th century. This historical character ties together a few plot points in my story.

Is there any problem having a generic, present-day descendent (referred to as "Mr. Morgan") in my story? He provides the catalyst for the whole plot, which is set around finishing a project once abandoned by his ancestor, J.P. Morgan.

After writing the book, I started wondering about the legal use of the name, as there are actual living descendants of the historical figure...
 

BigWords

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Seeing as how the blockbuster film hit Titanic was fast and loose with historical facts, I can't see any problem with any parts set in the past. If you are creating a fictional descendant as a character in your work, then you might want to check you aren't being too close to any real people or events. Not sure if there are any living relatives, but a geneology (sp?) search should turn up results if there are any.
 

abctriplets

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Thanks, I figured I was safe with playing with the historical J.P. Morgan, but I was concerned about using a present-day descendent. He's a generic character, not modeled after any of the actual living relatives, and sort of plays the role of the old guy in Jurassic Park - someone with the interest and funding to finance an expedition. There's nothing really negative about his portrayal, but I was concerned as there are probably a few Mr. Morgan's that actually exist.

Maybe I should just finish it as is, and leave it up to an editor to figure out?
 

megan_d

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Not quite the same thing, but the video game series "Uncharted" features in the main role a (fictional) character descended from Francis Drake. Francis Drake has been dead quite a while longer than your J.P. of course, but its the same sort of situation. (My point being that no descendant of Drake's has come forward to sue or anything).
 

Stijn Hommes

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The name Morgan isn't copyrighted or trademarked. It's perfectly acceptable to make up fictional characters for your story. It's not relevant whether they're related to the real person used or not. All you have to worry about is that they're fully fictional and not based on any of the real descendants.
 

abctriplets

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Ok great. Thanks for the advice!

Second quick question - any chance Neil Gaiman copyrighted the name Coraline? (can you copyright a proper name?) Any how, in a PB I'm writing, one of the kids is named Coraline, after my daughter (who was named after Gaiman's character). I figured since the two aren't similar or related in any way, I'd be safe using the name...
 
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