Legal Question in Entertainment Law in Texas

Novel Ideas

I've written a book I want to e-publish through Iuniverse.com. The novel is a comical murder mystery, pure fiction. The novel contains characters who are real, several members of once famous Hollywood group. All of the members of theis group are still alive and well and still making pictures. In the novel, the members of the group are murdered one by one until only two remain to solve the mystery of who is killing them. My question is, can I use real, living, celebrities in a work of pure fiction?


Asked on 9/16/00, 2:17 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Novel Ideas

NO. You need their permission. Otherwise, their reputation would be at the mercy of every fictional writer. Presumably your fictional work will falsely label one of them as a "murderer". Why don't you change the names so the characters are not real? Your answer to that question will probably tell you whether you are doing the right thing or not from a trademark and copyright standpoint.

If you are still determined to use real characters, you need prior legal advice to minimize your risk. See an entertainment law expert.

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Answered on 10/17/00, 11:26 am


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