Permission to use real person in a novel

[amc252]

Jurisdiction

California

Hello,
I have written a novel where the protagonist is a real person, a famous public person.
Before contacting this person's lawyer to submit the manuscript and request permission, I would like to have more information about which steps this process involves and how to do it properly.
I would welcome any references, tips, suggestions, and advice, except the obvious ones like "ask your lawyer".

Thanks.

 

[cbg]

That's a shame, because the correct legal answer is to have a lawyer review the manuscript for potential legal potholes before you go anywhere NEAR the protaganist's lawyer. But since that's not what you want to hear..... (crickets)

 

[flyingron]

Yep, and we can't even possibly understand unless you told us how you intend to use this famous person. Somethings, you don't even need to ask for permission. Others are likely to get you sued (and lose) if the person is recognizable even if you don't mention the name.

 

[adjusterjack]

Before contacting this person's lawyer to submit the manuscript and request permission, I would like to have more information about which steps this process involves and how to do it properly.

My guess is that the process involves contacting the person's lawyer, submitting the manuscript and asking for permission.

You are likely to have to sign a contract, pay for a license to use that person as a character, and may even have to pay that person royalties.

 

[zddoodah]

I have written a novel where the protagonist is a real person, a famous public person.

So...is this a biographical work? Or have you written a work of fiction that is based on real life?

Before contacting this person's lawyer to submit the manuscript and request permission, I would like to have more information about which steps this process involves and how to do it properly. I would welcome any references, tips, suggestions, and advice

I'm not sure I entirely understand what you're asking for, but I have a few questions. First, do you know who this person's lawyer is such that you'd be able to contact him/her? Second, why do you think you need this person's permission? Third, are you intending to submit your book to publishers for consideration or are you intending to self-publish?

 

[amc252]

First off, thanks for your replies.
I obviously did not provide enough information or made myself clear, my bad.
The novel is a work of fiction where a real famous person becomes the main character. It shows him in a critical if humorous way and there are no doubt that it is him.
Hence, the answer to the question of whether I need his explicit permission and agree to royalties or fees is definitely yes.
There is also no doubt about the fact that I must contact this person's lawyer (I have his name, email, etc.) and submit my manuscript for revision and approval.
I must do that whether I decide to submit the book to a publisher or publish it myself.
What I'd like to know is more about what is the best/proper way to approach the lawyer and submit my request.
Like I said, normally I should hire a lawyer to do that on my behalf but, whether I do that or not, I'd like to know more about the process from your lawyerly perspective.

 

[adjusterjack]

What I'd like to know is more about what is the best/proper way to approach the lawyer and submit my request.

That's easy. Just call him up, tell him what you have told us here and ask him what you need to do about getting consent.

Like I said, normally I should hire a lawyer to do that on my behalf but, whether I do that or not, I'd like to know more about the process from your lawyerly perspective.

Any answer to that question is going to be meaningless because nobody can predict what THAT lawyer's process is going to be.

 

[zddoodah]

The novel is a work of fiction where a real famous person becomes the main character. It shows him in a critical if humorous way and there are no doubt that it is him.
Hence, the answer to the question of whether I need his explicit permission and agree to royalties or fees is definitely yes.

That conclusion does not necessarily follow from that description. I'm not saying it wouldn't be a good idea, but you don't necessarily need to do so solely because you're using a famous person as a lead character in a book.

I'd like to know more about the process

The process is to call the lawyer and tell him what you want to do and that you'd like to send the manuscript to him for review. I would strongly suggest you register your copyright before doing anything of that sort.

 

[flyingron]

You say false things about someone that puts them in a "critical" (and you say humorous, but they will say ridiculing) light, and you're likely to get sued for libel (and will likely lose).

 

[PayrollHRGuy]

It shows him in a critical if humorous way and there are no doubt that it is him.

Why do you think anyone would grant you permission to do that?

 

[army judge]

I have written a novel where the protagonist is a real person, a famous public person.
Before contacting this person's lawyer to submit the manuscript and request permission,

Before you make one dollar, if you ever make one dollar on your book, you'll shell out thousands of dollars in lawyer fees, and for purchasing the rights to your protagonist's (erstwhile invaluable life).

Don't chase money you have no guarantee of ever receiving with money you already possess.

A quail in your hand, is worth far more than a covey in the bush.

 

[amc252]

Thanks again for your comments.
I obviously believe the person in question will appreciate the humor of the story and agree to the book being published. It is a bet, of course, but I think it is worth my while.
If they say yes, I will be able to submit the book to a publisher and negotiate fees and royalties.
If they say no, well that's it.