Hi I am writing a fiction novel and I want to incorporate real crimes and trials in it. I have a few questions. Do I have to have permission from the people involved in the crime/trial? If I need to ask permission and choose not to, can I change names and change some facts to avoid getting into legal trouble? Can I write about a crime/trial without mentioning names to avoid getting into legal trouble? Thank you in advance.
My favourite example of a book doing this is Devil in the White City by Erik Larson, but... all the crimes depicted happened during or around the Colombian Exposition, so I'm fairly sure the persons involved and their families are mostly dead. Depending on the case, some or all information may be subject to Publication Bans. What's covered and how long they last depend on the court and the case, and while you can get details on the case yourself, it's probably best to get a lawyer to review everything to make sure you're safe. That being said, though, facts are facts and anything you've seen published before is probably fair game. Again, though, do your legal research and don't assume laws will be the same from state to state, let alone from country to country. Good luck.
I have no legal expertise, but I would think if you only refer to things that have appeared in the news, you'd probably be okay. In other words, if you get your information from sources available to everybody, I can't see where there would be a problem. The only problem might come if you start fictionalising stuff about these crimes and trials. If a news story about a particular crime causes your protagonist to go commit a similar one, you're probably in the clear. If, however, you pretend you know how the actual crime got committed and it differs from real events, or pretend your protagonist had something to do with the crime itself, the investigation or the trial, you will end up in trouble. Is there some reason you can't fictionalise the whole thing? Base your story on a type of crime/trial, rather than name and use a real one?
Allowed or not, it would be unprofessional to sell a tragedy without official endorsement from the victims. They may also have more things to tell you which increase the chance of getting published. The media is editing interviews beyond recognition and adding fake details (happened to me), so let them know that you respect both truth and integrity while they have a final word on the editing of their family legacy.
