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| | Name Usage | |
| | Author | Message |
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krbarnett
Posts : 32 Join date : 2014-10-24 Location : Rialto, Ca.
| Subject: Name Usage Sat Jan 03, 2015 2:41 pm | |
| Hi, All, I am currently working on a new novel titled "Skeletons of Weavers Needle." This involves some elements of Nazi Germany, the Fourth Reich, and Odessa. Part of the plot uses the children of high-level Nazis (Hitler, Himmler, Bormann, Goebbels, etc.) being evacuated in secret by submarine to Argentina. Is it okay to use actual names without permission, or should I stick with fictional names? Any insight would be appreciated. Thanks. My thought was that the actual names would be more of a grabber than fictional names.
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| | | Victoria Howard, Mod Admin
Posts : 44 Join date : 2014-10-24 Location : Barnsley, UK
| Subject: Re: Name Usage Sat Jan 03, 2015 3:57 pm | |
| That's a tricky question! Ordinarily, I would say 'no don't use actual names unless you have the person's permission to do so. I think this is a question best answered by someone with legal experience. | |
| | | Brenda Hill, Admin Admin
Posts : 175 Join date : 2014-10-23 Location : SoCal
| Subject: Re: Name Usage Sun Jan 04, 2015 7:05 pm | |
| Ken, I agree with Victoria. Most advisors say if you're going to write about historical characters, you must stick to the absolute truth, to not change any of the facts as they're known. The big problem is with the decedents who might strongly object to how you've portrayed their ancestor. But be careful - you're still open the lawsuits. Even if you change your characters' names but they're still recognizable as famous people, you can be liable.
If this novel will be with one of the major publishers, their vetting dept will check the legalities. Otherwise, you're treading on a 'slippery slope.' | |
| | | krbarnett
Posts : 32 Join date : 2014-10-24 Location : Rialto, Ca.
| Subject: Re: Name Usage Sun Jan 04, 2015 7:32 pm | |
| Thanks to both of you. Think I'll stay safe and use completely fictional names of "high-level Nazis." I think people will get the message. | |
| | | Domenic Pappalardo
Posts : 27 Join date : 2016-01-21
| Subject: Re: Name Usage Wed Jan 27, 2016 12:20 pm | |
| Hitler, Himmler, Bormann, Goebbels...these guys are dead, and if they were not dead I don't think they would come out of hiding to take you to court. Now if people are alive, using their name can cause you trouble. If what you write you can prove true...they have no case. In a story I wrote, "Naked in West Upton," all the characters are real people, but I am having them do things that never happened. most of these people have passed away, but they still have family...so I changed parts of their names. If you tell the truth, and can prove the truth, you have no problem. Lie...you have a problem. Different name, no problem. Your story is fiction. I could write a story of a Roman leader 2,000 years ago, and make up all kinds of stuff..lie. Would I be in trouble? NO. The rule, "If in doubt, don't do it." | |
| | | Brenda Hill, Admin Admin
Posts : 175 Join date : 2014-10-23 Location : SoCal
| Subject: Re: Name Usage Wed Jan 27, 2016 12:34 pm | |
| True, Domenic, but using names of real people, even tho they're dead, can be a costly problem. They have families, and sometimes family members get upset when they see their names in stories. Especially fiction. Your last sentence says it all: If in doubt, don't do it. | |
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