Can you legally use the names of elected officials, living or dead, in a fiction novel?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you legally use the names of elected officials, living or dead, in a fiction novel?
Asked on December 4, 2010 under Personal Injury, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You can but it is not a good idea. In fact, editors warn against using the names of real people in books. It is really not the use of the name, you understand, but it is how you portray the characters and the story line that can get you in to trouble. It could open you up to libel suits if yu are not careful and that is not something that you need to be involved with. Vioating their names and likenesses or "smearing their good (or bad) names" is a no no. And even if you made them the hero I still would avoid using their names. Is it possible to use fictional analogs instead? Think about it. It will save you a lot of time and aggravation in the end. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.