Can I mention a character in my book?

As long as you’re just making references that don’t portray them in a negative light, you’re fine for brands and celebrities. Things like Jaguar or Rice Krispies don’t really date a work, either. Fictional characters, however, are copyrighted for a long time.

Can you reference real people in fiction?

First, a simple rule. If what you write about a person is positive or even neutral, then you don’t have defamation or privacy issues. For instance, you may thank someone by name in your acknowledgements without their permission. If you are writing a non-fiction book, you may mention real people and real events.

How do you write a true story without being sued?

Do tell the truth

1. Don’t make claims based on assumptions or opinions. Adding “in my opinion” before a statement won’t save you in a libel case.
2. Don’t embellish or exaggerate. If your book is nonfiction or memoir, then make sure it is truthful in every detail.
3. Don’t overlook invasion of privacy laws.

Can I base a character on a real person?

Using someone’s name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed. Therefore using a person’s life story as part of a book or movie will not be deemed a misappropriation of the Right of Publicity.

How can I stop being sued for libel?

Know what constitutes defamation.

1. Stick to facts; avoid opinions that could be construed as facts. …
2. No name-calling. …
3. Let readers reach their own conclusions. …
4. Don’t retweet or link to someone else’s potential defamatory material.

Does defamation have to be false?

Criminal defamation occurs when a person publishes defamatory material knowing it to be false, or without having any regard as to whether it is true or false, and in publishing the material intends to cause serious harm to another.

Can someone write a story about you without your consent?

Q: Do I need permission to write about somebody, living or dead? A: Permission is technically not required if the biography subject is/was a public figure, unless their estate has created a kind of legal fortress. There are rare cases in which permission must be obtained before sharing any likeness or representation.

Can you sue someone for writing about you in a book?

The offense of injuring a person’s character, fame, or reputation by false and malicious statements.” The term covers both libel (written) and slander (spoken). Only living people can sue for defamation, so someone can’t file a lawsuit against you for defamation through an estate or relatives.

Can you sue a fictional character?

Happily for novelists (and The Weekly World News), when the model upon which a fictional character is based sues, generally, their claim doesn’t get not survive summary judgment. For a novel, or other fictional work, to be actionable, its detail must be convincing.

Can you quote someone without permission?

Unfortunately, quoting or excerpting someone else’s work falls into one of the grayest areas of copyright law. There is no legal rule stipulating what quantity is OK to use without seeking permission from the owner or creator of the material.

Can you mention a famous person in a book?

The good news is that celebrity names are not copyright protected, just used as a name. If the name is only used to describe the person, it is not covered.

Do you need permission to write about someone in a book?

A: Permission is technically not required if the biography subject is/was a public figure, unless their estate has created a kind of legal fortress. There are rare cases in which permission must be obtained before sharing any likeness or representation.

Can you write a biography about someone without their permission?

In general, anyone can write a biography of someone without their approval as long as it is accurate and you don’t run afoul of the following legal principles: libel, invasion of privacy, misappropriation of the right of publicity, copyright infringement or breach of confidence.

Can you reference pop culture in books?

Use pop culture references as supporting details.



Include pop culture details to give your story a vivid setting. Referencing era-appropriate music, Hollywood films, books, advertisements, and celebrities your characters would be familiar with can give your story a sense of time and place.

What are cultural references examples?

Each region of the world has historical events that people in that region are expected to know. For example, when someone says the name, Adolf Hitler, or talks about “The Blitz,” they all know that that person is talking about World War II. These words are examples of common cultural reference points.

Can you mention Facebook in a novel?

The author will just straight-up mention Twitter, Facebook or other services, usually in passing. The author will make up a way around it that conveys the same concept (calling it “Barker” or something)