I have a an idea for a work of fiction that includes a well known deceased non fictional character. Could I find myself in trouble if I write something about that character that is factually untrue? Any thoughts or archive would be much appreciated.
So a real person? You would need to get permission from probably the person's surviving family. If you don't and whatever your book is about is considered damaging about the person to the family or whatever, they might be able to sue for libel or defamation. Please take this with a grain of salt though, as I really don't have a for sure right answer. You'll just have to do some research on it.
Yes, you’re courting trouble. It doesn’t even have to be something unflattering or untrue to be sued. The unflattering/ untrue only pertains to libel. If the well known person’s name was trademarked (or sometimes even if not, depending on how the person is used in the story), you can also be sued over “Name and Likeness.” (Think of it as ID theft of a person’s image.) Essentially, a famous person / their heirs have a right to control how that name and image is used. ETA: I’m in the US.
I do think this will hinge on whether this person is recently dead or long-dead. I expect if you write something untrue about, say, Christopher Columbus, or Guy Fawkes, you won't get sued. Write something untrue about David Bowie, and you're probably in deep doo-doo.
I agree with @jannert about the time frame, and I think it's also important to look at the nature of the untruth. If it's something defamatory ("David Bowie served Irish babies instead of turkey every Christmas") you're more likely to have trouble than if it's something neutral ("David Bowie said he liked my shoes") or complimentary ("David Bowie spearheaded the efforts to save the starving children"). There are also often exemptions for satire, which can be hard to define...
Thanks for your replies guys.... Looks like I'll be shelving this particular idea. Pleased I asked before I spent any more time on the project.
I don't know why everyone thinks using a real person in fiction is so wrong. I wouldn't make my MC a famous person, but I'll have a few guest appearances.
To be fair in this instance deadrats, he is the main character and the storyline would involve him having a fictitious illegitimate child... But I agree with maybe using a real person as a guest appearance.
Um, well, because it is wrong, and in many cases illegal. The problem is, pretty much everyone, unless they're using the famous person in the piece as the result of a grudge, thinks they're painting the famous person in a flattering light. Let's say I were a famous person, and someone thought they were painting me in a flattering light by having me, in their book, participate in a Christian church ministry in my spare time. While there are plenty of people who might think that's a lovely thought and would think it would be painting me in a flattering light, I would be livid and would call my lawyer immediately, because I don't self-identify as Christian, and I don't happen to believe in organized religion. "Name and likeness" ownership (again, speaking of the U.S. here) is as much about preventing someone's identity from being used to further causes they don't believe in, and preventing someone else making money off that person's name, as it is about preventing libel. They also tend to forget that famous people are, in fact, people. Ask yourself, as a person with your own thoughts, feelings, and beliefs, likes and dislikes, would you want someone literally putting their words in your mouth without your input or consent? Because that's what an author would be doing. If the book was a best seller, that author would also be making some money off of your name, without your getting a piece of it, or without your consent. If the person's name is trademarked, it doesn't matter how long they've been dead if the entity who manages the estate renews the trademark. I'm not an attorney, but that's how it was explained to me by someone's manager back in 1892 when I was a personal assistant to a celeb. The manager, I think, had been an attorney, but don't quote me.
