Legal Question in Intellectual Property in California
I need advice on writing a fiction novel based on past experiences
I am planning a fiction novel that is based heavily on actual events as well as on real people that I have known. I have two questions regarding this:
1. If my novel were to be openly ''Based on a True Story'', could I publish it without the consent of the people who my characters are derived from?
2. Assuming that using a disclaimer is the best way to go for me, how closely can my story adhere to real life?
I will be changing everyone's names. However, I intend to have multiple characters who each have hobbies, occupations, and experiences that match-up with a real-life counterpart. Some of these characters will be engaging in illegal activities. Some will also be hospitalized for mental illnesses. If there is enough potential for a lawsuit here that could scare away publishers, please let me know.
1 Answer from Attorneys
Re: I need advice on writing a fiction novel based on past experiences
Agreements for the option and purchase of real-life story rights are very similar purchase agreements for literary and dramatic rights. However, there are some specific considerations. Most importantly, you must be concerned with personal releases from persons being portrayed in the work. In some cases you will be required to obtain the consents of third parties who are to be portrayed in the publication. In other cases, not. It will require a closer examination of your work. For more information visit www.highmountainlaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
