More on writing about public people - Writers Forum

invisible_ink · 12-18-2005, 02:43 PM

I’ve read through the posts concerned with writing about public people, but haven’t really found anything that pertains to my situation. I’m interested in including in my fiction a person who lived two centuries ago, had an impact on a community, and is affiliated with a college and brand name product. I intend to attach a fictitious circumstance to the achievements of this person. I don’t believe it will put this person in a negative light, but I can see how the more sensitive members of the community might take offense. So, what are the ramifications of writing about someone no longer living? How do descendants figure into all this? Am I at risk of being sued by relatives if they are unhappy with what I wrote? I would appreciate any advice.

mammamaia · 12-18-2005, 03:25 PM

Quote:

So, what are the ramifications of writing about someone no longer living?

...many and varied...

Quote:

How do descendants figure into all this?

...heavily, to not at all, depending on how far back the written-about person lived...

Quote:

Am I at risk of being sued by relatives if they are unhappy with what I wrote?

...possibly, to probably... no one here can give you the answers you need... you'll have to consult a literary attorney for that...

TimK · 12-19-2005, 10:47 PM

Hi. If your story is truly fictional, you may be able to get away with a disclaimer that even though historical figures are characters in the story, since the story if fictional, all words and acts of these characters are also fictional. I am not a lawyer. Definitely, consult a literary attourney if you need to hammer out the details of publishing such a story.

However, a much simpler approach may be simply to make up a pure fictional character based in part on this real-life historical figure. This has the added advantage that you also base the character on other people and on your own imagination. The character therefore can be better than the historical figure would've been.

-TimK

invisible_ink · 12-20-2005, 08:19 AM

Something I find very exciting as a reader is when an author uses something historical and weaves it into a fictional tale. It’s sort of like the “Washington cut down the cherry tree” tale; we don’t know how much of that story is true, but it could very well be that he cut down “a” tree, and an admiring writer weaved a story around it. There are people in history who have done rather odd things and we often speculate why. I want to use one of those instances in history and create a story around why it might have occurred. I really hope that I don’t have to resort to creating a fictional character based on this person; I think the reality is interesting enough to take the risk of including it in my story. Believe me, this is a case where truth is stranger than fiction.

Thanks for the help.

invisible_ink · 12-20-2005, 08:34 AM

I want to add...this person would not be a main character in my story, just a side character (mentioned character), who's life I plan to tie in. This person lived during the 1800's, so I hope that's far enough back to absolve me of any reproach.

Nickie · 12-20-2005, 09:37 AM

I always use people who did live in my novels. Like the (in)famous highwayman Cartouche in 18th century France. In my story I give him a fictional role that might have been true - nobody can check, right?

And now in my recent one, King Charles II of England plays an important role - as the heroine's father. It is fact that this king had many illegitimate children, so why not one more daughter?

Nickie

Mike C · 12-21-2005, 04:31 PM

IF you feel the inclusion of this character could cause problems, and IF they are merely a side character, why the hell bother? Manage without, save yourself the cost of a lawyer. If you're a writer, you can write around the difficulty.

mammamaia · 01-01-2006, 12:44 AM

you need to be careful especially if the person's name is connected to a brand name product... major companies with attorneys in the wings are much more able to sue you than you are to defend yourself against their suit... before you go any further, you really do need to consult a literary attorney!