Hi there. I recently had a pro bono conversation with a lawyer to ask questions much like to the ones you are posing here. My questions were about a television script my writing partner and I were beginning and we wanted to know how deeply we might be able to wade into a story idea based on real events. It seems that is very dangerous territory, as far as the legal side of things goes. The detail of that conversation doesn't serve here, but what I learned from that, and other similar conversations I've had, is that if it's a name for a location, it's usually okay. A bit of a grey area, is my understanding, but you will get a different answer from others, perhaps. I'll also say that if the reference is specific and unfavorable--paints someone in a negative light--it may not work out for the author for all the reasons you've guessed. Further, I would challenge you to always plan for whatever you write to reach a large audience. Then, the work is ready, should it find that audience, for the thrilling kind of critique that may come along with it.
Referencing real and fictional people/characters in novels - legal implications?
2 Answers By Expert Tutors
Erika B. answered 04/06/19
An inspiring educator who brings out the best in her students!
Hello, aspiring novelist!
Fortunately for you, anything that has an expired copyright is public domain. This would be anything that is not protected by intellectual property laws such as copyright, trademark, or patent laws. If in doubt, ask the person yourself. They might give you permission. Never hurts to ask. I also would be careful writing about any real people, as they may decide to sue you for some random reason. It is best to ask them yourself or shroud the specifics of the individual to preserve their reputation (if you must write about them). Get familiar on what is free reign and what is not. All Hans Christian Anderson fairytales and almost anything over a hundred years old is fair game to use in your story. As of this year, many 1923 famous works will now be available to use in your novel. Source: https://lifehacker.com/these-1923-copyrighted-works-enter-the-public-domain-in-1825241296
Do your research, however you may be surprised how much you can get away with.
Warmest Regards and hope this helps!
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