Historical Fiction Question
First, let me say that I would never have thought of historical fiction as mainstream/contemporary; but I guess this forum is where it goes.
My question: Notable, famous historic people are used with impunity in historical fiction; what about real people who were unknowns? If a story took place almost two hundred years ago and the author uses the real names of the people in the story (and does not defame them), are there any liability issues? Any needs for publicizing an intent to publish so descendants can take a shot at the author? Has anyone had any experience with something like this? Thanks! Puma
My question: Notable, famous historic people are used with impunity in historical fiction; what about real people who were unknowns? If a story took place almost two hundred years ago and the author uses the real names of the people in the story (and does not defame them), are there any liability issues? Any needs for publicizing an intent to publish so descendants can take a shot at the author? Has anyone had any experience with something like this? Thanks! Puma
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I am not experienced enough to give you a good answer, but in this day and age, lawsuits are the norm. If someone can sue, they will, defame or not, regardless of your intentions. I would be careful using anyone real for any reason.
Not very helpful, I know. I think I remember a similar thread in the novel forum. I will try to find it and link it for you.
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I am not experienced enough to give you a good answer, but in this day and age, lawsuits are the norm. If someone can sue, they will, defame or not, regardless of your intentions. I would be careful using anyone real for any reason.
Not very helpful, I know. I think I remember a similar thread in the novel forum. I will try to find it and link it for you.
Kevin
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Puma,
Welcome to the Mainstream board. You're partly right about historical, but we've had a few historical discussions in here before, so it's perfectly OK with me.
As to your question, I'll look this evening after I get my daily quota of work done and see if I can find anything that might help you out.
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Puma,
Welcome to the Mainstream board. You're partly right about historical, but we've had a few historical discussions in here before, so it's perfectly OK with me.
As to your question, I'll look this evening after I get my daily quota of work done and see if I can find anything that might help you out.
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Real people
Puma, I'm not a lawyer but I write historical fiction.
If you want to use real people in a real event from two hundred years ago call it creative non-fiction. There are markets for non-fiction like this and providing you stick to the facts as documented elsewhere and it's not violently controversial you should be okay.
Or if you like the story and the events change the people's names and write it in such a way that it is recreated and is fiction.
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Real people
If you want to use real people in a real event from two hundred years ago call it creative non-fiction. There are markets for non-fiction like this and providing you stick to the facts as documented elsewhere and it's not violently controversial you should be okay.
Or if you like the story and the events change the people's names and write it in such a way that it is recreated and is fiction.
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Dead people don't have many rights. Seriously. Their work and the use of their name may be owned by someone else (if it's been trademarked), but a dead person doesn't have standing in court. I'm not a lawyer however, so this is just a comment.
ac
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Dead people don't have many rights. Seriously. Their work and the use of their name may be owned by someone else (if it's been trademarked), but a dead person doesn't have standing in court. I'm not a lawyer however, so this is just a comment.
ac
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My upcoming release uses a real person, with a fictional extrapolation of his personality, based loosely on fact and lore from some specific references. He was well known locally, but not nationally. I have an Afterword in which I list the references from which I derived material on him, and indicate that I used major events in his life (as detailed in the references) but fictionalized his personality and the overall story.
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My upcoming release uses a real person, with a fictional extrapolation of his personality, based loosely on fact and lore from some specific references. He was well known locally, but not nationally. I have an Afterword in which I list the references from which I derived material on him, and indicate that I used major events in his life (as detailed in the references) but fictionalized his personality and the overall story.
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Very interesting, NeuroFizz - sounds like you and I are on the same page. I also have an end section with references and I've also characterized my people by the little bits of information I was able to glean from the historic record. Can I say great minds Puma
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Very interesting, NeuroFizz - sounds like you and I are on the same page. I also have an end section with references and I've also characterized my people by the little bits of information I was able to glean from the historic record. Can I say great minds Puma
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I use real people where documented events flow with the story. Anytime I fictionalize, I change the character's name and any other similarities. I forget how far direct descendants have rights but I remember my Lawyer told me it could be forever in some cases.
In the book I am writing now, it was so complex that I had to fictionalize to make it believable or understandable. Consequently I had to disguise the identity of the subject as what I am writing is pretty inciteful.
But a little checking around would uncover certain documents which are part of the book. It's not my fault that certain people get their names associated with unflattering and, shall we say, unsavory. LOL!
As an example, I would definately use Doug Danziger, one of my old nemesis'es (what the heck is plural for nemesis?). Just google his name for who he is.
But if I had Ms. Willets' little black book - the names were published, then purged - I wouldn't dare mention a name in it since it is not public record.
I would, however, make up a name and point out where that name would be, like the date of the published newspaper, had he had the misfortune to be a customer.
Doug was a mightier-than-thou Politico who thought he was the next coming of Elliot Ness. He was anti drinking in bars and anti everything promiscuous, even in the privacy of your home. I enjoyed watching him get it.
Anyone want to see the tape?
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I use real people where documented events flow with the story. Anytime I fictionalize, I change the character's name and any other similarities. I forget how far direct descendants have rights but I remember my Lawyer told me it could be forever in some cases.
In the book I am writing now, it was so complex that I had to fictionalize to make it believable or understandable. Consequently I had to disguise the identity of the subject as what I am writing is pretty inciteful.
But a little checking around would uncover certain documents which are part of the book. It's not my fault that certain people get their names associated with unflattering and, shall we say, unsavory. LOL!
As an example, I would definately use Doug Danziger, one of my old nemesis'es (what the heck is plural for nemesis?). Just google his name for who he is.
But if I had Ms. Willets' little black book - the names were published, then purged - I wouldn't dare mention a name in it since it is not public record.
I would, however, make up a name and point out where that name would be, like the date of the published newspaper, had he had the misfortune to be a customer.
Doug was a mightier-than-thou Politico who thought he was the next coming of Elliot Ness. He was anti drinking in bars and anti everything promiscuous, even in the privacy of your home. I enjoyed watching him get it.
Anyone want to see the tape?
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Thanks for chiming in here, Mike!
While I have, of course, used real events, I've never used real people so I was/am at a loss as to how that would be handled.
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Thanks for chiming in here, Mike!
While I have, of course, used real events, I've never used real people so I was/am at a loss as to how that would be handled.
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