Can you mention a famous person in a 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.
Can you mention a celebrity in a book?
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.
Can you write books about famous people?
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.
Do you need permission to write about a famous person?
Do you need permission to mention someone in a book?
No permission is needed to mention song titles, movie titles, names, etc
. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.
Can I use public figures in my book?
Authors should NOT use real politicians or any other public figures in their fiction without permission
. When you insert a real person into your novel, you are inserting them into a fictional setting, with fictional circumstances.
Can you sue someone for putting your name in a book?
Publication:
The libelous claim must be read by someone other than the plaintiff and defendant
. You don’t have to be a bestseller to be the subject of a libel lawsuit. If your book is published, then you’re at risk.
Is it legal to base a character on a real person?
Using real people in your fiction—whether they are correctly named or not—
can be legally hazardous
. If an author includes enough details that a specific fictional character is identifiable as an actual person, that person could possibly pursue legal action.
Can you mention names in a book?
Editors are frequently asked whether it’s permissible for writers to mention product or business names in books. The short answer is
yes
.
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.
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 use the name of a famous person?
No you cannot
. The key to trademark law is likelihood of confusion, whether your use would tend to make the consumer think there is a connection between your product and the owner of the mark you cite, in this case a celebrity name.
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.
Can you get sued for talking about someone in a book?
The offense of injuring a person’s character, fame, or reputation by false and malicious statements.” The term covers both libel (written) and slander (spoken).
Only living people can sue for defamation
, so someone can’t file a lawsuit against you for defamation through an estate or relatives.
Can I mention Disney characters in my 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 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 you use real life in fiction?
Using your life as a source for a fictional novel is a great way to turn your own stories into something new and resonant
. Retelling and adapting true stories is a time-tested method that many great fiction writers use to produce iconic fictional stories.
Can I use real people in historical 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.
Can I write a book about my ex?
It’s not illegal to write about your ex (or anyone else), as long as you don’t purposely tell untruths and you avoid defamation or invasion of privacy
(more about this below).
Can a fictional character be a celebrity?
The Hollywood Walk of Fame awards notable people in the film, television, music, radio and theatre industries. However,
stars have also been awarded to fictional characters
. The following is a list of fictional characters with stars on the Hollywood Walk of Fame, including the category and location of each honoree.
Can you sue a fictional character?
Happily for novelists (and The Weekly World News),
when the model upon which a fictional character is based sues, generally, their claim doesn’t get not survive summary judgment
. For a novel, or other fictional work, to be actionable, its detail must be convincing.
Writers don’t get sued very often
—and thanks to the First Amendment, even when they do, they usually prevail. But as an attorney specializing in these issues, I can tell you that you definitely don’t want to put yourself in a position to endure any sort of lawsuit, even if the odds are you’d end up victorious.
Can you name a character after a celebrity?
Don’t name characters after anyone you know. You might cause offense, even if you don’t intend to, and you might not want to associate the person you know with the actions of your character (and you can get sued.)
Don’t name characters after famous people
, or style names after famous people.
Can you mention real brands in a book?
Short answer: Yes. Now and then, a writer or editor asks our online Q&A whether
mentioning a brand name in a work of fiction requires permission or the addition of the trademark (TM) or registered (
®
) symbol
.
Can you write a book about someone else’s life?
Some of the most common questions I hear from picture book biography writers: 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.
How much can you quote without permission?
What is the amount and substantiality of the material used? The American Psychological Association allows authors to cite
400 words in single- text extracts, or 800 words in a series of text extracts
, without permission (American Psychological Association, 2010).
Do you need permission for an epigraph?
Whether an epigraph requires permission depends on both the source and your use of the quoted material.
Epigraphs from materials that are in the public domain do not require permission
. Epigraphs from copyrighted materials must either qualify as fair use or be used with the permission of the rightsholder.
Can I use quotes in my low content book?
Don’t use a quote if it’s protected by copyright or trademark
: quotes from books, poems, plays, TV shows, movies, speeches. Its author is still alive, or been dead for less than 70 years.
Are famous people’s names copyrighted?
Are celebrities copyrighted?
The celebrity’s likeness is not copyrightable
, but celebrities have a right of publicity. In addition, you must be sure you are not referencing copyrighted images of others to create your artwork.
Can you put a celebrity in your will?
Some states will allow a company or person to use the likeness of a celebrity without having to get permission
. This law applies the theory that by being a celebrity, they have given up a right to privacy. Currently, there are 24 states that have right to publicity laws on the books.
Can someone sue you for writing about them?
Can you mention names in a book?
Editors are frequently asked whether it’s permissible for writers to mention product or business names in books. The short answer is
yes
.
Can you mention brands in a book?
Short answer: Yes. Now and then, a writer or editor asks our online Q&A whether
mentioning a brand name in a work of fiction requires permission or the addition of the trademark (TM) or registered (
®
) symbol
.
Can you base a fictional character on a real person?
Using real people in your fiction—whether they are correctly named or not—can be legally hazardous
. If an author includes enough details that a specific fictional character is identifiable as an actual person, that person could possibly pursue legal action.
