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confused. can you use real people's names in a fictional book?
Ok, I started reading "The Poet In Exile" by Ray Manzarek, which is a fictional book about Jim Morrison. But what bothered me greatly about the book is he doesn't use anyone's real names, He refers to himself as "Roy" and to Jim as "Jordan". I questioned my mother about the reason for this, and she says it's because you can't use real people's names in a book that isn't true. But that doesn't make sense.
It is literally impossible to avoid a name that may have designated some living or dead person.
Here is the key: Do not use the name of anyone YOU know, or anyone you know to have existed - unless, like Elizabeth Peters, you get permission from whatever living heirs there are and make clear that you are indeed writing about a person who once lived.
Otherwise, you leave yourself open to a lawsuit. If I understand correctly; if it can be proven that you knew, or knew of, the person after whom you've named your character (and you do not have the appropriate approval, legal contracts, etc.) you can be sued for at least some percent of the royalties, if not damages for Rufmord ('killing' or damaging someone's reputation - even if they are dead). I would imagine that they could also pull your book, story, poem, or whatever off of the market.
In other words, the author didn't apparently get permission to use the real name. He could still be sued if it is obvious that the story refers to Jim Morrison and he fail to get permission to use him as a character.
Below are links to Elizabeth Peters' excellent series of books which include Howard Carter, Lord Carnarvon, Petrie Flinders, and TONS of well-known Egyptologists from the 1800s and early 1900s.
EDIT: Why do you guys think that works of fiction have little paragraphs at the beginning that state that:
"This book is a work of fiction. Names, characters, places and incidents are either products of the author's imagination or are used fictitiously. Any resemblance to actual events or locales or persons, living or dead, is entirely coincidental." - Taken from Barbara Michaels, Houses of Stone, Berkley Books New York, 1994.
It's called a disclaimer. It's part of the fine-print on the reverse-side of the title page of every work of fiction!
Break It Down: Ray Manzarek