Putting famous (living) people in fiction

[carld]

Well, as I said, I don't know what the legal ramifications might be. You can certainly mention famous people in your fiction, but much beyond that and you're probably wandering into a legal thicket.

[mr ploppy]

Originally Posted by Roger Parkinson

Brand names are fine (as long as you don't libel them). The owners of the brand pay good money for advertising so they don't mind you using them. They do mind if you show them in a bad light.

That sounds reasonable enough, unless stumbling around and being sick would constitute showing Special Brew in a bad light. That is, after all, what it is designed for.

Did you know "Hell's Angels" is a registered trademark now? It would be difficult writing anything that didn't cast them in a bad light, which might explain why nobody writes Hell's Angels stories any more.

[mr ploppy]

Originally Posted by Redfox

Also consider how vital it is to the story for the character to be a real person. Is it really essential? Is there honestly no-one else that could take the role? Fiction is full of invented celebrities, for good reason...

They're not essential, I just want some historical accuracy. I could have them as fictional local characters, that sounds like the safest option, but someone the reader will have heard of will give a sense of a shared background with the main characters.

[Worldwalker]

Originally Posted by mr ploppy

Did you know "Hell's Angels" is a registered trademark now? It would be difficult writing anything that didn't cast them in a bad light, which might explain why nobody writes Hell's Angels stories any more.

If I ticked off the Hell's Angels, I don't think it would be their lawyers that I'd be worrying about.

[rblover]

It is a good way to get sued. If you portray them in way which paints them in an unflattering way, or causes them to suffer, or they find insulting, they can-and will-sue you. Why take the risk? If you are going to do it, write it up, and submit a copy to the person for approval before publishing. If they approve, you will probably have to pay them. Use an attorney, and get their permission in writing. It would be safer, and cheaper, to forget using real people at all.

[Marseille]

Originally Posted by Worldwalker

If I ticked off the Hell's Angels, I don't think it would be their lawyers that I'd be worrying about.

You haven't met their lawyers.

[Joseph Mitchell]

What about dead celebrities? For example, to feature an Elvis impersonator in a story who sings an Elvis song on an impromptu stage, then beats someone up randomly before walking off?

[mr ploppy]

Originally Posted by Joseph Mitchell

What about dead celebrities? For example, to feature an Elvis impersonator in a story who sings an Elvis song on an impromptu stage, then beats someone up randomly before walking off?

Dead people are even worse because they are owned by surviving relatives who just see them as a cash cow. The person who owns Sid Vicious won't let anyone do anything with him without handing over vast amounts of money. Just because he happened to be half cousin to him.

[Roger Parkinson]

Originally Posted by mr ploppy

Dead people are even worse because they are owned by surviving relatives who just see them as a cash cow. The person who owns Sid Vicious won't let anyone do anything with him without handing over vast amounts of money. Just because he happened to be half cousin to him.

I'm surprised to hear that. There's a fairly widespread legal convention that it is not possible to libel the dead (ie you can say what you like about them). I know that is the case in NZ but possibly not where you are from. Or is there some other legal mechanism operating here, like some form of copyright?

I'm thinking if Sid Vicious is a trademark owned by his estate that would come under a different law. But if you want to say something about, say, Richard Nixon, I think you'd be okay (I'm not a lawyer though).

[mr ploppy]

I was referring to using him or his image rather than libelling him. I'm not sure how you would go about libelling Sid, unless you said he liked fluffy kittens or something.

[rblover]

In America, the names, images, etc, of celebs are often trademarked/copyrighted, and such things last for their lives plus 75 years after their deaths. So, say something nasty about Elvis, and Mz Priss may take you to task-and court-for it.

[Kumabjorn]

In the last edition of Stieg Larsson's Millenium trilogy a character named Paolo Roberto appears. He is a "famous" Swedish boxer. I have no idea of knowing if SL got Roberto's permission to use him in the book, but he does have an integral role in the plot, but at least he got to play himself in the movie. Maybe that can help you to persuade the people involved?

[khalleron]

Unless you're writing historical fiction, I have to say I can't see any need for this at all, and the legal/copyright/libel issues just make this too big a headache anyway.

You're a writer, you're supposed to make stuff up.

No, no to using still-in-copyright song lyrics. Go Google 'Sita Sings the Blues' if you want an idea of how big a headache this can be. And her problem was with 90-year-old songs.

[Roger Parkinson]

Originally Posted by mr ploppy

I was referring to using him or his image rather than libelling him. I'm not sure how you would go about libelling Sid, unless you said he liked fluffy kittens or something.

Indeed, which kind of shows that libel is in the eyes of the libeled. You can't predict how they will take it.

[Roger Parkinson]

Originally Posted by rblover

In America, the names, images, etc, of celebs are often trademarked/copyrighted, and such things last for their lives plus 75 years after their deaths. So, say something nasty about Elvis, and Mz Priss may take you to task-and court-for it.

That is interesting and I didn't know it. Thanks.