Legal question-HELP!

[Andromeda_Organa]

I received this comment in regards to my Eva Peron novel

Question: without the legal rights to the estate of Eva Peron, you may not be able to write in first person "as if." You may have to disguise the name and history. Suggest you find that out before committing a lot of time in writing something you may never be able to publish.

I've already written the novel and paid to have it published with Booksurge. Should I just keep this private like my fanfiction and only share this with Evita fans(who have already expre$$ed interest in buying it).Should I ask for my money back? Or should I go ahead? HELP!

[boswellbaxter]

Since Eva has been the subject of a very popular musical, I can't see how writing a novel about her in the first person could get you in trouble.

[Volgadon]

Never knew you needed legals rights to someone's estate to write about them in the 1st person.

[Margaret]

This seems very off-the-wall. If it were true that one needed authorization from the estate to write fiction about a deceased person, I don't see how it could matter whether one wrote in the first or third person. Haven't other novels been published about Eva Peron? I know there was a Broadway show and wasn't there a movie? Did they get "permission" from her estate? It seems unlikely. However, if you're concerned about legal issues, it would be wise to consult a lawyer who specializes in entertainment law. None of us here, so far as I know, is a lawyer (and, I assume, neither was the person who made this comment to you), so we are not qualified to advise you on legal issues. Or, you could hunt up a book about legal issues for writers - I'm sure there have been some published.

[Chatterbox]

I suspect this is utter nonsense, but agree that it would be very quick and easy to check out with a lawyer.

If it were a living person, you might have more of a problem. But in this case I think both the fact that she has been dead for so long (50 years plus??) and the fact that she was a public personality would make this absurd. I would be utterly astonished if this were true.

It may also vary by country. So if it's true in Argentina, say, you just make sure your books aren't sold there. Think about where you are publishing & selling.

Another factoid: you can't libel the dead. (English common law.)
(And if anyone is ever accused of libel, truth is an absolute defense.)

[Divia]

People write biographies about other people who are living without their knowledge or permission. Why can't you write about a DEAD person in the first person?

I think someone is trying to sell you a bridge. Print it.

[Andromeda_Organa]

People write biographies about other people who are living without their knowledge or permission. Why can't you write about a DEAD person in the first person?

I think someone is trying to sell you a bridge. Print it.

What does sell me a bridge mean?

[Chatterbox]

It's a reference to people who try to rip others off by claiming they will sell them the Brooklyn Bridge.
Shorthand for being dishonest or messing with your mind, being a con artist.
In this case, trying to make you believe something that isn't true.

[Andromeda_Organa]

Thanks ladies. I'm gonna go ahead with my book. :)

[theredsoldier]

sounds like a lot of bull to me.

By that reckoning, nearly ANY author could be sued if they EVER mention one real person. This never happens though - so it would only stand to reason that this is because it's not something they can win at. I wouldn't worry about it. There's always some self appoint "expert" who, in all reality, is talking out thier hind end.

[G. Alvin Simons]

Don't forget there's a standard disclaimer printed on the publisher page of most novels these legalistic days that states, "This book is a work of fiction. Names, characters,...the product of the author's imagination or used fictitiously."
Libel, however, is a different subject. Unless you're attacking Peron's reputation, & you'd have to get in line to do that, you should be fine.

G. Alvin Simons

[Andromeda_Organa]

Don't forget there's a standard disclaimer printed on the publisher page of most novels these legalistic days that states, "This book is a work of fiction. Names, characters,...the product of the author's imagination or used fictitiously."
Libel, however, is a different subject. Unless you're attacking Peron's reputation, & you'd have to get in line to do that, you should be fine.

G. Alvin Simons

Well, my book is very pro Evita. :)

[G. Alvin Simons]

Much success with it!