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Q: Historical fictions-Imaginary actions of real people ( No Answer,   4 Comments )
Question  
Subject: Historical fictions-Imaginary actions of real people
Category: Arts and Entertainment > Books and Literature
Asked by: thepointcomm-ga
List Price: $10.00
Posted: 04 Nov 2006 10:01 PST
Expires: 04 Dec 2006 10:01 PST
Question ID: 780065
In writing historical fiction, is it ok to have fictitious things
happen to real people? Or can I expect descendents of heretofore
obscure personages to come out of the shadows to sue me?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Historical fictions-Imaginary actions of real people
From: pinkfreud-ga on 04 Nov 2006 10:57 PST
 
This may be of interest:

http://ask.metafilter.com/mefi/18958
Subject: Re: Historical fictions-Imaginary actions of real people
From: kemlo-ga on 04 Nov 2006 12:28 PST
 
Also remember you might not be worried But your publisher will be.
Subject: Re: Historical fictions-Imaginary actions of real people
From: kriswrite-ga on 04 Nov 2006 13:17 PST
 
If the people you're writing about are long dead (examples: Mary Todd
Lincoln, George Washington, Teddy Roosevelt), you'll have no worries.
Although authors often includes notes at the back of their novel,
pointing out major things in the story that are (or are not) factual.

On the other hand, if the person is living, or has children living,
you may run into legal woes.

Kriswrite
Subject: Re: Historical fictions-Imaginary actions of real people
From: kemlo-ga on 04 Nov 2006 16:27 PST
 
What civil action might a relative of a defamed deceased bring? One
difficult but not impossible route might be to rely on one of the many
state criminal statutes that make it a misdemeanor to defame the dead.
Most of the statutes are relics of the pre-federal
constitutionalization of the defamation law, but they are still on the
books, and can still be invoked

http://66.102.9.104/search?q=cache:6Sl7EqWAEkkJ:writ.news.findlaw.com/dean/20021122.html+%22Defame+the+dead%22&hl=en&gl=uk&ct=clnk&cd=7

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