Legal Question in Intellectual Property in Georgia

Story characters from real life events

I have written a manuscript which is fictional, but based on a real-life event. I changed the location and names of the characters, but if readers know me, they might recognize who the story characters are based on. Do I need permission from the real-life people I am portraying as ficticious characters in the book?


Asked on 2/02/02, 9:30 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Story characters from real life events

If a story is portrayed as fictional and includes a disclaimer that nothing is intended to represent actual characters and any resemblance to real people, living or dead, is purely coincidental, you are probably safe. I am pretty sure you have seen those disclaimers before and your concerns are the reason they appear.

If, however, your book is a deliberate smear of someone and it is apparent to people that you are smearing them, you could be opening yourself up for a defamation suit of some sort. The disclaimer will help but is not an absolute guarantee is such situations.

So, avoid derogatory characterizations, put in a disclaimer and you are probably good to go.

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Answered on 2/02/02, 5:08 pm


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