Public Domain characters

by Peter Hill
(England)

Question: Is there anyway I can find out about Public Domain characters? I'd be interested to use some and am not sure where to look nor do I want to use anyone who is not public domain by accident. Many thanks.


Answer: You're generally safe using characters from stories whose authors have been dead for 50 years. (This is why so many Sherlock Holmes TV shows/films have been made in recent years.)

However, different countries have different rules, so you need to check on this when in doubt. In the US, the copyright now extends to 75 years after the author's death. Every government has an office that deals with copyright, and these offices usually have websites that explain the rules.

Some characters are also trademarked by publishing companies (for example, comic book characters) and may have different forms of protection as a result. Again, you would need to check with the government office that maintains the register in the appropriate country.

Characters in folklore dating back many centuries are fair game, which is why anyone can write a Robin Hood story. However, when writing your Robin Hood story, don't assign the character specific traits you borrowed from a recent adaptation of Robin Hood, because then you may be trespassing on a current copyright. Stick with the traditional traits and ones you invent yourself.

As always, I am not a lawyer and don't take this as legal advice. If your fortunate enough that there's money at stake, and your work falls into a grey area, you or your publisher may want to consult a lawyer.

Also, for more information on using real people in fiction, you might check out this article...

https://www.how-to-write-a-book-now.com/putting-real-people-into-fiction.html

Click here to post comments

Join in and submit your own question/topic! It's easy to do. How? Simply click here to return to Character Invite.

Researching Characters for Historical Fiction

by Tracy Gourley
(Oakmont Pa)

Question: I have a question about researching characters for Historical Fiction I'm currently writing a Historical Fiction novel. I'm incorporating two of my characters into a disaster that happened in 1940. I'm also including some of the victims that died on the ship as well.

Do I need the permission from the victims families to use them in my book?

MY book is fiction but there are so many historical facts.

Answer: I am not a lawyer and cannot give legal advice. But here is my understanding...

You can put public figures from history in your book, as they are in the public domain.

As for other real people, if you portray them in a negative light, such that you harm the reputation or business interests of their family today, that could be problematic. You should perhaps consult a lawyer regarding this.

But if you are sticking with the historical facts and portraying people fairly, you should have no problem -- just as any journalist does when they write news articles. You do not need their families' permission. (Though it might be helpful to interview them for information you can't get anywhere else.)

Best of luck.

Click here to post comments

Join in and submit your own question/topic! It's easy to do. How? Simply click here to return to Character Invite.