Legal Question in Intellectual Property in California

permission to use names

I am a published author of fiction. I now intend to write a fictional story based in a real historical setting and utilizing real historical people, whose relatives are still alive. Do I need their permission to use names of their deceased relatives and prior home, which is open to the public in Tennessee?


Asked on 7/19/09, 10:56 am

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: permission to use names

You really need to talk to an experienced entertainment attorney one-on-one about this. It depends in part on who the people are, where they lived, where they died, and whether the deceased people were public figures while alive. There are many variables in various state laws that might apply, so it is really impossible to give guidelines in a short response on a public bulletin board.

(For example, if you're talking about Elvis Presley, the answer is definitely 'yes' you need permission. Some other people, maybe not.)

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Answered on 7/20/09, 8:10 pm


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