In writing historical fiction, can authors be sued for libel? Do editors worry about that?

Question

I'm writing a YA historical fiction novel and have done a lot of research. I use actual names, places, and events from the 1860s. Can descendants of the people object to my using their ancestors' names? How much freedom do I have in creating their private lives?

Answer 1

everyone keeps saying that you can't slander the dead. The truth is you can-the dead person's next of kin can sue-but you're not libel for slander because you're writing a book of (key word) FICTION. You are completely free to write whatever you see fit as long as you obviously define it as fiction. If you try to pass your book of as the truth, then you're venturing into dangerous and deadly waters.

Answer 2

You can slander a person in historical fiction, if they are still alive. This is the idea that you have said something you know to be untrue with the specific intent to harm their reputation or their ability to earn a living. These suits can add up to a lot. However, if the historical figure is dead, it becomes a bit more problematic. You can't lose money if you are already dead, but in some isolated cases the descendants would argue that even a dead person can earn money. Elvis, for example, earns millions of dollars in royalties every year even though he is dead. Therefore, you might be able, or a lawyer might be able to make a case that harm has been done to his reputation. A figure from decades or centuries ago is another case and I wouldn't think you have to worry about it too much. Also, be aware, different countries have different laws. Great Britain has much stricter slander and libel laws than does the USA.

Answer 3

Hey Rowan, I have a few theories about this that may add to this discussion. I welcome all comments since I don't fancy myself an expert by any means. These are just my thoughts. I believe that the Bible is a book of miracles. God reveals the truth in many ways. All God wants is for people to be thankful. The Bible tells story after story about ways God reveals the truth to people and how they react. In many stories, God says that if I do do this, these people will be my people and I will be their God (Look it up in a concordance, it happens a lot!). The people keep saying things like prove that you exist and we will follow you. God makes fire consume wet logs, defies Physics to make the sun stand still and not destroy all life, have three men walk around in a blazing furnace, set one man in an arena with a hungry lion, have one man swallowed by a whale and live to tell about it, and countless other miracles as proof of His existence. When you watch or read Harry Potter, you get swept up in the magic of JK Rowling's creation (pun intended). She writes a great story with great characters and you suspend your disbelief so that the spells, incantations and potions become real for a moment while you witness them. When you walk away, you know that you can't find a place like Hogwarts anywhere and nobody can morph into a cat or any of the other weird and wonderful things that happen in the story. The Bible, however, is a story written by real people that tell stories of how God changed their lives. None of the people God chose were eloquent speakers, most were poor and on the fringe of society. The disciples Jesus chose were a motley group of fishermen, a tax collector and assorted young people with no real direction in life. Most of the people God called thought they were the wrong choice. In most cases, God told them to go where they needed to go and God would give them the words to speak. Fiction? Maybe it's meant to sound that way. Greatest? Yes! True? I believe it....all of it. Miracles are meant to defy the reality we know. The bottom line is that the stories in the Bible are fantastic. If God kept all the miracles within the laws of science, then by this time, we would have been able to duplicate any of the stories we've read. Case in point: the first thing Moses did in front of Pharoah's court was to turn his walking stick into a snake. The court magicians were able to do the same thing and they all laughed at Moses and his God. But when Moses let God's true power work through him, Pharoah was overwhelmed. If the stories weren't fantastic, what would be the point of believing a 2000 year old book that is poorly written?

Answer 4

If they are public figures, no. There are many books out there today about public figures. I have written a book that way myself, however I intermingled public figures with made up ones and very carefully watched the way I used the public figures. Most of what I used in terms of their lives was factual. I say write it, and if it gets to the point where an editor and publisher have it, a literary attorney will advise you. In the meantime, write it. Pax - C

Answer 5

The law says that you cannot slander or libel the dead. The feelings of their descendants are not relevant.

Answer 6

You cannot libel the dead. Only the living can sue. This means you can say or write anything about the dead without fear of legal reprisal.

Answer 7

You can't libel somebody once they're dead. But if you're using real names, I would expect you would want to portray them accurately. Otherwise, what's the point?

Answer 8

no i dont think they can b/c there probably was a lot of those names back then! and there probably wasnt just one person who had one name! there was probably alot of ppl with the same name, just like now!