Using famous people?

SaveitForaRainyDay · Apr 14, 2014

I know this might sound like a stupid question, but I'll ask anyway.

Are you allowed to make reference to famous people/bands in your work? As in, having them speak to the characters in the story, obviously not painting them in a bad light or anything, just saying a word or sentence max, i.e. I want one of them to say 'Thanks', 'Good luck', and nothing else. If not speech, then are you allowed to at least reference their names/band name?

I ask because my story's set in the 90s, and I want my MC to go to a music festival, so he can meet a few bands/people.

Drachen Jager · Apr 14, 2014

The law will vary from place to place, but AFAIK, most places the test is whether the use of a famous person's likeness, name, attributes (you can get sued for depicting someone specific even if you avoid using their name) helps in your sales. If it's just an off-hand thing and not important to the book, you're probably safe. If the celebrities play a significant role then you're probably in trouble.

I am not a legal expert, however, and while we do have legal experts here on AW, none of them will likely feel comfortable rendering legal advice through this medium. If you're concerned, you should bring it up with a lawyer. It may cost you a few quid, but it will give you peace of mind.

SaveitForaRainyDay · Apr 14, 2014

Drachen Jager said:
The law will vary from place to place, but AFAIK, most places the test is whether the use of a famous person's likeness, name, attributes (you can get sued for depicting someone specific even if you avoid using their name) helps in your sales. If it's just an off-hand thing and not important to the book, you're probably safe. If the celebrities play a significant role then you're probably in trouble.

I am not a legal expert, however, and while we do have legal experts here on AW, none of them will likely feel comfortable rendering legal advice through this medium. If you're concerned, you should bring it up with a lawyer. It may cost you a few quid, but it will give you peace of mind.

Okay, thanks

They don't play a main party in the story. It's just one time that he meets a few certain people, who only say like two words to him.

Drachen Jager · Apr 14, 2014

SaveitForaRainyDay said:
Okay, thanks They don't play a main party in the story. It's just one time that he meets a few certain people, who only say like two words to him.

Then you should be fine.

But, even if you're legally in the clear, it doesn't stop some rich dude from getting a bug up is arse and coming after you anyhow. You may not lose the case, but it could run up the legal fees.

Fortunately, living in the UK, you have better protection against nuisance lawsuits than Americans might have, but it doesn't mean you're immune.

If you publish with a major publisher, they'll usually cover this sort of legal cost, unless you're found to be in the wrong. If you don't plan to self-publish, I'm sure that your agent or editor will have a more informed opinion than mine.

SaveitForaRainyDay · Apr 15, 2014

Drachen Jager said:
Then you should be fine.

But, even if you're legally in the clear, it doesn't stop some rich dude from getting a bug up is arse and coming after you anyhow. You may not lose the case, but it could run up the legal fees.

Fortunately, living in the UK, you have better protection against nuisance lawsuits than Americans might have, but it doesn't mean you're immune.

If you publish with a major publisher, they'll usually cover this sort of legal cost, unless you're found to be in the wrong. If you don't plan to self-publish, I'm sure that your agent or editor will have a more informed opinion than mine.

Yeah, that's what I was thinking. I'm just going to leave it in and hopefully if I get an agent, they'll tell me if I should take it out.

Jamesaritchie · Apr 15, 2014

I mostly use dead famous people. This simplifies the problem. But I have, on a couple of occasions, used living famous people in the way you suggest. What are they going to sue for?

Lissibith · Apr 15, 2014

Jamesaritchie said:
I mostly use dead famous people. This simplifies the problem. But I have, on a couple of occasions, used living famous people in the way you suggest. What are they going to sue for?

I'm not certain, but it's possible they trademarked their name? In that case, I believe, if the celebrity's inclusion is a selling point, or if the use can be argued to dilute the image of the person, then they have a legal basis for bringing suit. Now, as to whether they win or not, that's another kettle of fish.

And as always, IANAL so I could be totally wrong

SaveitForaRainyDay · Apr 17, 2014

Lissibith said:
I'm not certain, but it's possible they trademarked their name? In that case, I believe, if the celebrity's inclusion is a selling point, or if the use can be argued to dilute the image of the person, then they have a legal basis for bringing suit. Now, as to whether they win or not, that's another kettle of fish.

And as always, IANAL so I could be totally wrong

Thanks

Do you think I'll have a better chance at using names, since the famous people aren't very well-known, and some of them only have a small fan base? I'm not making them look bad or anything either, literally having one of them saying thank you, and then making reference to a few others.

Animad345 · Apr 17, 2014

Both of the epigraphs of my WIP, BLACK AND BLUE, are quotes from David Bowie. Every chapter is named after one of his songs and he is mentioned several times throughout the novel. I think it should be fine, unless the famous person is insulted, falsely quoted or what have you.

A novel that I believe uses a famous person's presence well is ABOUT A BOY, with Kurt Cobain being the famous person. However, he was dead when the novel was published...

OK, I'm not certain about any of this. You're talking about having a character meet the celebrity, I'm talking about mentioning a celebrity in passing. Hmm.

Sorry I couldn't be more helpful.

Using famous people?

SaveitForaRainyDay

Drachen Jager

Professor of applied misanthropy

SaveitForaRainyDay

Drachen Jager

Professor of applied misanthropy

SaveitForaRainyDay

Jamesaritchie

Lissibith

On target

SaveitForaRainyDay

Animad345