Historical characters

[ferds]

If any of my story's fictional characters is/are inspired by some aspects of the lives of persons who existed like a hundred years ago, in what cases do I have to seek permission to do so and from whom?

Thanks in advance.

[kingsroadchick]

None. Just uh, change a few details I would guess. I mean, if you're basing a character on Napolean Bonaparte, Try naming him Napolea N. Bone-a-part. Or WHATVER. You get the idea.

[kingsroadchick]

or maybe I'm not helping you much. I just don't see this becoming a real problem.

Ciao

[ferds]

So, I shouldn't have a problem if one of my characters resembles a few traits easily identifiable to a historical figure, for example a U.S. president or a well-known artist, whom my story has really nothing to do with?

If my character leads a "Freedom March" and delivers a "I Have A Dream" type of speech, won't I have a problem with Martin Luther King's family? (I know it hasn't been a hundred years since he lived.) :\

[PteranoDon]

Yep. MLK is copyrighted and trademarked. Stay away from that sort of stuff.

So what do you have in mind?

[nmstevens]

One cannot libel the dead, in principle, nor do the dead, per se, have rights -- like the right to privacy. The only matter of concern, when the person in question is dead, is whether one might, in the adaptation, bring in surrounding people who might still be alive.

So if you wanted to depict JFK as a pedophile -- well, I doubt you'd have much luck selling the script, but you could do it. But if he's engaged in his nefarious deeds with somebody else who's still alive, or would be clearly identifiable from the context -- then you might very much have a problem.

From a hundred years ago, it's hard to imagine that anybody who was involved with your character would still be alive.

So you should be in the clear. The movie "Ragtime", like the book, freely mixed imaginary people and situations with historical characters. So, for that matter, did "War and Peace". There are no legal ramifications to doing this. You don't need anybody's permission.

NMS

[callitt]

Write the story as you need to write it. If it sells, then the publishing house or prodco will run it past their legal departments. They will suggest any changes to avoid any problems with libel or other forms of rights infringement.

I believe the correct term for this process in screenwriting is 'The Forrest Report' (DeForrest report, perhaps?)

[ferds]

Thanks for the info, guys.

callitt,

your tip led me to a wealth of other info (http://www.communicator.com/lwg-hwc.html#Copyright) besides "De Forrest." ;)