Can I Use A Historical Figure In Fiction?

by | Last updated on January 24, 2024

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Can I use a historical figure in fiction? According to WD’s legal guru (and close friend) Amy Cook,

writing about historical people is perfectly fine and won’t put you in any legal danger.

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Can you write stories about historical figures?

The general takeaway is that if you want to write about historical figures,

you’re generally safe to do so without seeking anyone’s permission

. You’re unlikely to be infringing any legal rights.

Can you reference real people in fiction?

First, a simple rule. If what you write about a person is positive or even neutral, then you don’t have defamation or privacy issues. For instance, you may thank someone by name in your acknowledgements without their permission.

If you are writing a non-fiction book, you may mention real people and real events.

Can you write fiction about famous people?


Using someone’s name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed

. Therefore using a person’s life story as part of a book or movie will not be deemed a misappropriation of the Right of Publicity.

Is it acceptable to distort history to make money?

For a large number of readers, the answer is that,

no, it’s not okay

. Though what percentage of that really depends on the details. Fictionalization of historic events is extremely common and things get really bungled.

Does historical fiction have to be accurate?


Just because you were inspired by the past it doesn’t mean the story should be historical fiction

. There are so many ways of getting around that if you’re not aiming to make your story historically accurate, you can still use past events as inspiration!

Do you need permission to write about a famous person?

The general rule is:

If an average person who reads your story or sees it on the screen has a good chance of identifying the people you are writing about, then you need those people’s written permission

.

Can I mention a famous person in my book?

The good news is that

celebrity names are not copyright protected

, just used as a name. If the name is only used to describe the person, it is not covered.

Do you need permission to write about someone?

Q: Do I need permission to write about somebody, living or dead? A:

Permission is technically not required if the biography subject is/was a public figure, unless their estate has created a kind of legal fortress

. There are rare cases in which permission must be obtained before sharing any likeness or representation.

Can you write about a public figure?


Anyone can go ahead and write about it

. When you write about that event in your own original way, your writing is protected by copyright. However, if you’re inspired by an article you read about an event, now you’ve been inspired by someone else’s writing.

How do you write a tell all book without getting sued?

  1. Don’t make claims based on assumptions or opinions. Adding “in my opinion” before a statement won’t save you in a libel case.
  2. Don’t embellish or exaggerate. If your book is nonfiction or memoir, then make sure it is truthful in every detail.
  3. Don’t overlook invasion of privacy laws.

Is history a dead subject support your answer?

The answer is that History is inescapable. It studies the past and the legacies of the past in the present.

Far from being a ‘dead’ subject

, it connects things through time and encourages its students to take a long view of such connections. All people and peoples are living histories.

Are historians rich?

It is common cocktail chatter that historians as a rule don’t earn high salaries. This, it turns out, happens to be true. According to the Bureau of Labor Statistics,

in 2015 a historian’s salary range was between $27,920 to $101,880, with a median of $55,800.

What happens when you rewrite history?

If someone rewrites history,

they try to make people believe that something happened in a particular way, when that is not the truth

.

Can historical fiction be misleading?

Three Types of Historical Fiction: Accurate, Inaccurate, and in the Middle. Historical fiction is a well-loved genre, but it comes with varying degrees of accuracy. Historical fiction is a well-loved genre, but it comes with varying degrees of accuracy.

Historical novels can never be one hundred percent accurate

.

Is history a truth or fiction?

Guided by Leopold von Ranke’s source-based methodologies, historians began constructing views of the past intended to be seen as incontrovertible truth. However, over time we have come to realise that

history is neither incontrovertible or always clearly distinguishable from fiction

; the reality is more complex.

Does historical fiction sell well?


Historical fiction has always had a strong presence in the book market

and, in an increasingly competitive climate for fiction, it is encouraging to have seen significant sales this year for established writers (Philippa Gregory, Robert Harris, Bernard Cornwell, Conn Iggulden, Simon Scarrow, John le Carré, Kate Mosse) …

Can you sue if someone writes a book about you?

Understanding Invasion of Privacy

Even if everything you write about someone is completely true, you still need to consider her privacy. Invasion of privacy occurs when you publicly disclose private facts not related to public concern. As with defamation,

only living people can sue for invasion of privacy

.

How much can I quote without violating copyright?

Unfortunately, quoting or excerpting someone else’s work falls into one of the grayest areas of copyright law.

There is no legal rule stipulating what quantity is OK to use without seeking permission from the owner or creator of the material.

Can I use famous quotes in my book?

As a common practice,

all quotes are copyright to the author

, which means that legally you should get permission from the author you hope to borrow from. This can sometimes be very difficult if the author is deceased or a public figure.

Can you mention Disney in a book?

Fictional and cartoon characters are protected by a combination of copyright law, trademark law, and unfair competition law, and Disney has a reputation as one of the most litigious companies in the entertainment world.

If your book used all…

Can I sue someone for using my name in a book?

Only human beings, and not corporations or other organizations, have rights of publicity and privacy interests that can be invaded by misappropriation of name or likeness. Thus,

only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization

.

Can I use a real school in my novel?

But

you should be sure to include a prominent disclaimer on the title page that it is a work of fiction and any resemblances are entirely coincidental

. (You may be subject to invasion of privacy lawsuits if someone can demonstrate that you based it on a real event at that school).

Can authors stay anonymous?

Can You Publish a Book Anonymously?

Yes, you can publish anonymously

, and many authors prefer to publish some or all of their books this way. But you should make sure that it is the right choice for you.

Do public figures have privacy rights?

In the United States, because of the widely accepted belief in the “right to know” information of public concern, freedom of speech generally over- rides public figures’ right to privacy. As a result,

public figures have almost no right to privacy, even when the published information is false.

Can you slander a public figure?

In the context of defamation actions (libel and slander) as well as invasion of privacy, a public figure cannot succeed in a lawsuit on incorrect harmful statements in the United States unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the …

Is it legal to use real names in an autobiography?


You can use the real names of those who have given you written permission to do so

. But when getting written permission isn’t something you can or want to do, it might be easier to change the names of the characters in your memoir. That’s it. Simple.

Can a novelist Be sued?


It’s rare for a novelist to be sued for libel

. But there are occasions when libel can cause problems for authors.

Why is history not important?

What makes history valid?

Historical validity is based in the historian’s interpretation of extant written texts through the application of tools and methods developed by professional historians and by interpreting the texts in relation to other texts.

Why is history called history not herstory?

The term is a neologism since the word “history”—from the Ancient Greek word ἱστορία, or more directly from its Latin derivate historia, meaning “knowledge obtained by inquiry”— is etymologically unrelated to the possessive pronoun his.

When can you call yourself a historian?

Was Genghis Khan the richest man ever?

Is Genghis Khan the richest man ever? Yes. With a net worth of over $120 Trillion,

Genghis Khan is by far the richest person on the planet

.

Who is the richest man in history?

It’s impossible to know this for certain. However, here is what the historical sources do tell us: in 1324,

Mansa Musa

, ruler of the medieval Mali empire, which stretched across west Africa (not to be confused with today’s Mali), set off on pilgrimage to Mecca and Medina, the two holiest cities of Islam.

What is it called when someone rewrites history?


Historical negationism

, also called denialism, is falsification or distortion of the historical record.

Is it possible to rewrite the past?


No, the facts about your past can’t change

. But the story you tell yourself about them absolutely can change. Unfortunately, most people are not strategic about their narrative identity.

Emily Lee
Author
Emily Lee
Emily Lee is a freelance writer and artist based in New York City. She’s an accomplished writer with a deep passion for the arts, and brings a unique perspective to the world of entertainment. Emily has written about art, entertainment, and pop culture.