Release forms for historical figures

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OnlyStones

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I'm working with an agent who has asked for signed release forms from the "family leaders" of the descendants of two historical figures in my historical fiction manuscript. The figures were alive in the late 19th century and died over a hundred years ago. The releases would state that the descendents have no problem with my writing about their ancestors.

Does anyone have any experience with this? Are these releases necessary?
 

SwallowFeather

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I couldn't tell you as actual legal advice, but boy, I wouldn't think so. I write historical fiction too and I've never heard of this either. Sounds like the publisher trying to cover their butts.

Also just wanted to send solidarity your way. I just got contacted by the daughter of a historical figure I'm writing about, who wants to fact-check my work. I really appreciated this and was all set to be super nice as I admire her late father greatly, but once we got on the phone (she wanted a call to "get acquainted") she started asking me all kinds of questions about my life and questioning my parenting decisions in a very pushy manner. I shouldn't have answered the darn questions (especially about parenting) but I was so caught off-guard.

So watch out, I guess. When people have some sort of cachet they didn't earn, they'll be more than happy to use it to give themselves a little boost at your expense. Contact those people if you have to, but don't make my mistake of being more than polite & professional.
 

Anna Iguana

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One of my author friends has had to get several releases that weren't legally required. It's always been for publishers who wanted the releases before they were willing to publish. I don't think it's that uncommon; I think it's how risk-averse businesses work these days.
 

Atlantic12

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I would think this wouldn't apply to descendants of public figures (politicians, royalty etc) , since they usually are out there anyway. Descendants of lesser known people -- say you're writing about the sheriff in a real 19th town and using the real guy -- that might be an issue.

Still, this sounds really tedious and time consuming. You'd have to get the right people to read the story, there could be family squabbles, disagreements etc. Nope, I would not want to be involved with this unless I had involved the family to begin with because their ancestor was a protagonist in the story.
 

Marlys

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As a side problem, I can't imagine trying to figure out who the "family leaders" are for someone who died over a century ago. That's potentially hundreds (even thousands) of descendants. Hell, one of my grandmothers died in the 1980s and has over 100 descendants already.
 

Bolero

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Yeah - and what is the definition of a family leader?
And if a "family leader" signs, does that prevent any other family member suing? (Sounds awfully patriarchal or matriarchal to think that if a couple of descendants sign, that guarantees that no-one else in the family can sue.)
 
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AW Admin

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I don't write history or biography; I have been hired as a researcher and factchecker, several times, and as a rights/permissions person many times.

I'd look askance at any such request. It's particularly odd coming from an agent; that's not what agents do.
 

OnlyStones

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Thanks to everyone for your thoughtful answers. Now...

Any tips on how I might politely approach the agent and ask her to overlook the releases? This is a great opportunity for me and I realy don't want to tick her off.
 

captaincrow

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Shouldn't the fact that it's fiction do? Or even an author's note that says every historical person mentioned in the story has been thoroughly researched but that not every detail is a historical fact, or something along those lines? (I mean, consider Dan Brown's novels with their "alternate history" or some such thing.)

Just asking about this because it'd concern me as well. Although I doubt that any possible descendant of the people/characters I claimed know they're a descendant, because all that's left of them is one piece of paper that recorded their witch trial.

Anyhow, I'm very interested in the outcome of your situation, OnlyStones. :)
 

Gillhoughly

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The film, Bonnie and Clyde, had some issues for the family of real life Texas Ranger, Frank Hamer.

"In 1968, Hamer's widow and son sued the movie producers for defamation of character over his portrayal and were awarded an out-of-court settlement in 1971." https://en.wikipedia.org/wiki/Bonnie_and_Clyde_(film)

It was not a flattering depiction of his character, and the film's huge success may have provided a monetary motivation for the family.

For all that, I think getting permission from survivors may be a bit much to expect. It could depend on just how historical the figures are. I would not expect you to track down descendants of Teddy Roosevelt, but a lesser known person might be a different matter. Another aspect to consider is if a descendant wants compensation in return.

I have avoided the issue by using fake historical figures instead. I am sometimes lazy about research and don't want to see if Ben Franklin was in a certain place at a certain time and then have to recreate his personality. I feel it overshadows the other characters to have such a "guest star" in the mix and it might not live up to a reader's expectations. This is especially true for a reader who is a Franklin expert. I have been urged to include historical figures in some books, but the most I'll do is a passing mention with no actual appearance.

But a WIP requires that I use a real scientist from the 1800s. He's pretty danged famous, but I'm still a "slacker." My solution: he has an assistant to talk with the protags. I get the name brand for science fans, but the freedom to run an original character in the scene.
 
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