I have this story idea in which one of the main characters is a professional Elvis impersonator. Elvis himself never makes an appearance. No real people do. However, I don't know how I could write this without mentioning him. A lot. This has me a bit concerned about the Copyright implications. I have considered creating a fictional celebrity but I am not sure this would work. I have thought about it and I'm just not convinced the story would be the same if they were impersonating someone who wasn't an icon or immediately recognisable to the readers. Or, at the very least, it wouldn't work as well. Advice?
Ask @Steerpike. Best advice I can give you. But from my limited knowledge, I'd say you can do it. After all, a lawsuit by former Panamanian dictator Manuel Noriega against Activision for putting him in COD as a villain was "laughed out of court". Celebrities have a degree of public domain on their image. I think.
I think you'd be looking at trademark rather than copyright. That said - trademark infringement is usually based on the idea of preventing consumer confusion. I would say that the tradition of Elvis impersonators, (and the death of actual Elvis) make it pretty hard for any consumers to be confused about what's going on in your book. If Elvis impersonators themselves are legal (which they seem to be) then I can't see an issue with mentioning Elvis impersonators. IANAL.
