McAnally's (The Community Pub) > Author Craft

Famous Dead People

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MClark:
Thanks for the replies.

It looks like the question doesn't have a simple answer. I  suspect much of it depends on what you write and how much the heirs want to push the issue.

I'll keep looking around for the answer and if I find anything definitive I'll post it here. 

Quantus:

--- Quote from: MClark on November 11, 2011, 04:04:25 PM ---Thanks for the replies.

It looks like the question doesn't have a simple answer. I  suspect much of it depends on what you write and how much the heirs want to push the issue.

I'll keep looking around for the answer and if I find anything definitive I'll post it here.

--- End quote ---
Just to muddy the waters, there are also certain laws protecting parody and other such uses of a persona, real or fictional.  Its how all those political cartoons get away with it.  But I dont know any of the intricacies of the actual Laws, or if they are a Federal or State thing.  I suspect you are correct in that it depends on What you actually write and how strongly the heirs feel about it.  If you make the person a heroic badass that recycles and saves kittens from trees, they probably won't care so much...

jesster64:
Stuart Kaminsky uses a lot of dead people in his Toby Peters mysteries, which are pretty good. He weaves famous people like mae west and howard hughes into his stories. It saves a lot of time because you allready know the characters without a lot of backstory.

OZ:
Farmer's Riverworld books included a lot of famous dead people but I think Clemens was probably the most recent. Are you talking about the long dead or the recently dead?

MClark:
Hi all,

I asked a writer friend of mine this question and she pointed me to this blog post:

http://www.rightsofwriters.com/2011/01/can-you-be-sued-for-libeling-dead-john.html?mid=54

Another blog post she mentioned was this one:

http://www.rightsofwriters.com/2010/12/could-i-be-liable-for-libel-in-fiction.html

(Note item 5 on how you cannot libel the dead.)

Obviously this isn't the same as asking a lawyer, but both blogs look respectable - and the first one gives enough links you could theoretically look it up yourself at a local state law school library.


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