I have assumed for so long that it was taboo to write fiction using the identity of those who had passed away or indeed those still living. I did a little look up on google and it seems not so straight forward for those identities either or who have passed. Would it depend on the subject. I wasn't considering using the person's identity in a negative way at all. But I have suggested to another person that it may not be legal to do this..? I'd be grateful for any feedback relating to this. Many thanks
Using a person's likeness without permission is a great way to get sued as soon as your work gets any attention. That said, using Shakespeare and using Ronaldo are very different beasts. Who's the person in question? Public figures are generally more acceptable than private persons, for example.
It depends on who it is, as stated above, and how long they've been gone for. Google coughed up this, which I'm not putting forth as authoritative, but it might help.
If you don't have express written consent proving thorough knowledge of the portrayal and the plot of the tale, do not do it. Public figures (or their representatives/estates) can and will sue if your work is perceived to cause consequences for themselves, their brands, or their affiliates. Private ones can bring legal proceedings immediately: the mere act of turning them into a public figure is a privacy and quality of life violation. It doesn't matter if your work turns out well for them: people can think that Penelope Cruz saved a truckload of nuns and orphans from a forest fire, and she could still have you for making a mockery of her professional brand and image rights. There are limited exceptions for satire and comedy, but there is also specialist law for that. Bottom line: no authorisation, no action.
It depends case by case. Generally you should ask permission of surviving family it is okay to use the person in your work. However, that could not be done if you don't have plans to write a biography or actually use the person's personality or aspects of their life in any way. If you're only using a name there's really no telling where the name came from unless explicitly stated by the author.
I put famous people in my fiction all the time. And I write about real people in creative nonfiction all the time. I don't ask permission, and haven't run into a problem. If it really was a problem, I wouldn't be selling my work. I am a professional writer. Sure, anyone can sue anyone for anything. I think this is something newer writers worry about more than they have to. I worry about publishing way more than getting sued. I, honestly, don't worry about getting sued at all. No place is going to buy work that puts them at risk. NPR used to have a contest called Three Minute Fiction. There would be a topic and prompt each week. One year they did presidents past and present. And they would read the best ones on air. I highly doubt NPR would set up a writer for a lawsuit. Just look at what's out there. People use real-life people in their writing all the time. Of course, when using them in fiction, I think you want to keep them in character and true to who they were as much as possible for the sake of believability. And in nonfiction, you want to remain true. But those are the things I would focus on and not really worry about the potential of being sued. A good publisher will know if something is trouble, but most likely you're not really going to have a problem.
Look at Supernatural for inspiration. When posing as FBI agents, they use classic rock stars' names. In the latest season on Netflix, they used Ian Gillan of Deep Purple (and for those dedicated fans, Black Sabbath).
