I’ve learned over the past few years that when I have a question about copyright or other literary law issues, Randy Morrison has the answer. Randy is a nationally recognized authority on the “intersection of First Amendment and zoning law” as well as literary law issues. So when a DearEditor.com reader sent me a question about the legality of using real people in fiction, I took the question to Randy.
Dear Editor…
I was wondering what legal problems (if any) are associated with using real people as characters in fiction? I’m not talking Elvis, or someone who would obviously have an estate with a problem, more like a fantasy novel about people who have disappeared through the ages (like Louis Le Prince, or Dorothy Arnold.) What’s the rule? Is it easier to just avoid it altogether and name them something else?
Thanks,
Megan
Sure enough, Randy had the answer. I invited him to share that answer as a Guest Editor today on DearEditor.com. If you’re curious, click on over and check it out.
II other words—– use another name!!! Simple as t hat. I am su re they did so in “The Help” too. Have you read it yet?? It is said that the movie is really good, too. One time a few years ago I was temped t o write a novel about my years holding hands with women clients of mine (they were my manicuring customers). I would have named it “Hands Across the Table”—- should have been—– hearing it all from other people,’when you are holding their hands. I guess when someone holds your hands for 45 min to one hour once per week —you feel a little close to them??? I know this— you sure do hear it all!!!! W ould have been a little like Peyton Place!!!! But I am not a writer and would have taken time to find one who would take me on!! Hugs from Boston bette