judosg

I am writing a fact-based fiction novel and I am not very clear on the rules of use for some elements. I want to use the names of persons, alive and dead, as minor characters in my work. Do I need permission to do so?

JenJoyful

I've often wondered about this too, especially after reading Charlaine Harris' Southern Vampire novels where Elvis is a vampire

My advice would be to err on the side of caution if you are looking to get it published.

Penelope

I would go ahead and use the name and then put a disclaimer in saying it really isn't about them at all. Or perhaps a name which sounds similar but is just a tad off (different spelling or something like that). Or using it in a dream sequence might be okay too. This is done all the time depending on the fame of the person mentioned. When I am writing fact based vignettes, I use real names and have never asked for permission. Fiction is different of course. If it's accepted for publication then the publisher can worry about the legal ramifications.

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Elphaba

You ought to check out "LA Confidential" by James Ellroy. He used a lot of real people in this fictional novel (Mickey Cohen, Johnny Stompanatto-- I know I spelled that wrong-- etc). It's been years since I read the book, so I don't remember how he went about researching it (or if he even put that in the book), but if you could find the particulars, that'd probably fill you in on how far you can go in using real people in stories.

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judosg

Thanks for the help everyone. I heard from some other writers on different forums that as long as you do not slander someone then they are fair game. I guess I'll know for sure once it goes to the publisher.