Taking Liberties With Historical Characters. How Far is Too Far?

Published by: Rebecca Holmes on 7th Jul 2010 | View all blogs by Rebecca Holmes

 

I’m hoping Clouders, especially those with interest or experience in writing historical fiction, can help me out on this.

 

I’m currently writing a short story for an American speculative fiction anthology, set in the early 19th century in the Lake District, with the main character a daughter of one of the Lakeland poets.  In the story, she is aged about twelve or thirteen, on the cusp of adolescence.  There is relatively mild horror, with dangers lurking in the woods, and references to the moon and dark moods  (hence the links with adolescence).  But there’s nothing offensive, and all turns out relatively well in the end, though there’ll always be a darkness in the background. 

I’ve used her real Christian name, and the names of the nearby lake and mountains.  Those who know anything about the poet and his family will pick up in the story who I’m talking about.

 

As some of you know, I write mainly for women’s magazines and anthologies, and occasionally venture into speculative fiction and horror, but this is the first historical story I’ve written involving a real person.  There was a bit of a fuss recently about a young adult novel based on Anne Frank, though that was probably understandable as far as I can gather.  But it’s made me wonder how far I can go with this, and it does seem to be a topical subject at the moment.

 

Any thoughts or suggestions? 

 

Thanks.

 

RH   xx

 

Comments

28 Comments

  • AlanP
    by AlanP 1 year ago
    As you have used her real christian name and she is the daughter of one of the lakeland poets then I think it's safe to assume you have fully identified a real person. Legally speaking you cannot libel the dead so that's not an issue I think. However, I suspect that there may well be "image rights" retained by the estate of the lakeland poets. You may need permission. Someone will know.

    On the other hand, specifically, Val McDermid did a book on Wordsworth harbouring Fletcher Christian, which would have been a hanging matter at the time. She appears to be sailing on.
  • SM Worsey
    by SM Worsey 1 year ago
    I recommend that you contact the Wordsworth Museum: http://www.wordsworth.org.uk/ They should be able to advise you.
  • EmmaD
    by EmmaD 1 year ago
    I don't think there's such a thing as 'image rights' in law, is there, Alan? Unless they've managed to trademark a particular picture of her, and you wouldn't be using that. Historical fiction writers do this kind of thing all the time. No one sued Jean Rhys, after all. The fuss about Anne Frank was I think largely because it's such a loaded subject, and also because the diary, I think, is still in copyright. And because most of the world has no conception of the difference between fiction and fact.

    I'd say go for it - sounds great!
  • Weens
    by Weens 1 year ago
    I went to see a play many moons ago, I forget the title, but it had four characters, each of them a real person. I only recall three and they were Marilyn Monroe, Joe DiMaggio and Einstein. The actors played the characters as we know them, but the story was completely fictitious (and very slow if I remember rightly). I think if the person you are writing about is no longer alive and you make certain that there is a note on it that some events are fictitious you should be alright. You often see that on films of true stories, one of the credits usually says, only some of the following events actually happened.
  • Wrathnar the Unreasonable
    You've given me a great idea for how to get loads of free publicity. I'm gonna write a very graphic story about Margaret Thatchers secret lesbian affair with Nancy Reagan!
  • EmmaD
    by EmmaD 1 year ago
    LoL! Maggie's (just) still with us though, Wrath, so be prepared to be sued up hill and down dale...
  • Aonghus Fallon
    by Aonghus Fallon 1 year ago
    Seems to me that - as far as the reading public are concerned - the time-period and the person's profile are the critical factors. People will be quick to spot inconsistencies in a story set in the recent past and dealing with a recently deceased person. They may also have very clear ideas about what that person is like. The further you travel back into the past, the less this seems to be the case.

    The second factor is the person's profile. Even if I have very clear preconceptions about what Henry VIII or Napoleon might have been like, I won't have the same preconceptions abou Napoleon's personal manservant or Henry's cook, mainly because I know very little about them.

    I guess this is a long-winded way of saying that I can't see any problem with your idea at all. It refers to an historical period with which the readers are familiar, but without being too specific, and the character, though real, was peripheral.
  • Steve
    by Steve 1 year ago
    I'm with the others above on the legal perspective - I don't see a problem there. The only other point of view I would add is how YOU feel about what you have written. There are some authors who have clearly used real people (usually deceased) in a disrespectful way for distasteful personal gain. Although a work I recently discovered on a lesbian affair between Margaret Thatcher and Nancy Reagan was deeply moving and beautifully delicate.

    I certainly wouldn't be happy with myself if I felt I had taken advantage of someone's name (especially a good name) in a derogatory or unnecessary way. But I doubt you would do anything like that, so as long as you are happy about what you have written and feel comfortable with it, then absolutely go for it.

    On a separate note, I do see a great deal of similarity in the general plot outline to a work written by my good lady, but I'm sure your story will be very different. Very good luck with it.
  • EmmaD
    by EmmaD 1 year ago
    "Although a work I recently discovered on a lesbian affair between Margaret Thatcher and Nancy Reagan was deeply moving and beautifully delicate."

    Wins my prize for laugh of the week...
  • Kate.J
    by Kate.J 1 year ago
    I'd be concerned about upsetting that person's relatives / friends / descendants or whatever - I remember being outside Court once and there was a woman cowering underneath a bench, her son was on trial for murder and she was having to avoid the press, relatives of the victims etc. The Witness Support people were trying to coax her out. There's a difference too between biography or true crime and fictionalised accounts which take liberties with the truth just to be sensational. Mind you, when that Margaret Thatcher book comes out ...
  • Steve
    by Steve 1 year ago
    One has to be familiar with the dark mind of The Wrath for that to be in any way amusing.
  • Kate.J
    by Kate.J 1 year ago
    Sorry Rebecca I didn't mean to imply that you were just being sensational!
  • EmmaD
    by EmmaD 1 year ago
    Heavens, yes, you'd want to go very, very carefully with writing someone who still existed, and from ethics, as much as the libel laws. There's an argument, too, that there are some ethical considerations about using the life of someone whose life is still in living memory.. But I think the descendants just have to lump it - they don't have copyright in a person just because they have a few teaspoonfuls of their DNA. Certainly, I think the presumption - the starting point - ought to be that dead people are fair game. This is fiction; invention, imagination, "as if" it happened not saying it happened, about the possible not the probable. Anyone who doesn't know the difference between a novel and a biography isn't someone whose opinion is worth worrying about.
  • Steve
    by Steve 1 year ago
    Maybe this is the perfect moment to put forward that the worst abuse of a good historical name I have come across is actually in non-fiction. Although I find Richard Dawkins' insights into biology riveting and his writing style captivating, I have been disgusted for many years by his ongoing attempts to twist Charles Darwin's truly pioneering work and words to suit his own gain. Dawkins' self-defeating and laughable arguments are too weak to stand alone, so I often find him scrabbling to insist that Darwin would have sided with him, when I believe the opposite would have been true. Emma, your viewpoint on this I would find particularly enlightening.
  • Rebecca Holmes
    by Rebecca Holmes 1 year ago
    Phew - I turn my back, and look what happens! Thanks for your comments, everyone.

    Alan P I haven't heard of "image rights" but have a feeling there might be something in the idea of someone's estate safeguarding their reputation. I can't see it being a problem re someone living 200 years ago and who wasn't famous as such in their own right (though they are starting to get a little recognition now). As Emma says, historical fiction writers do this all the time.

    Emma - Thanks for the advice. It's given me a more confidence to go ahead.

    Weens - What I'll do is advise the editor that it's based on this person, and see what she thinks. The story might well not be up to scratch or what she's looking for anyway.

    Wrath - So when will this little potboiler be on the shelves? I'll look for it in the local Christian bookshop. If anyone complains, point them out and I'll swing my handbag at them.

    AF - You've basically said along the lines of what I was thinking. I just wasn't sure if it was just me. If it had been more famous, or more recent, I'd certainly steer well clear.

    Steve - Similarities? Great minds think alike!! Some of the themes mentioned are ones that tend to recur, especially in this sort of genre, I suspect.

    Kate J - Don't worry. :0)

    Steve - Dawkins is a pain in the ****. Atheist extremism is as dangerous as the religious sort, in my view.
  • Robin
    by Robin 1 year ago
    I seem to have missed the boat on this one somehow but thought I'd comment as I'm going through something similar (though my protagonist is further back historically and so less likely to incite angry relatives). I think you're alright if it's not detrimental, for example, the film Moliere invented a whole episode in the writer's life but, outside of a few distressed academics, no one cared because it was a fun episode. Conversely the producers of Bridge Over the River Kwai got in a lot of trouble with the relatives of Colonel Nicholson (Alec Guiness's character) as they felt it made him a collaborator.
  • EmmaD
    by EmmaD 1 year ago
    You have to differentiate between annoying someone, and doing something they can sue you for. Relatives may be annoyed, but that's their problem, not yours. It's up to you whether you feel like distressing them. Literary estates have total control over the intellectual property and other material they own, so you can't put on a production of one of their plays if they don't like the production, but there's nothing they can do if you chose to write that the dead playwright is a ... whatever.
  • EmmaD
    by EmmaD 1 year ago
    Steve, yes, I do agree about Dawkins, though I lay no particular claims to knowledge about The Ancestor. I think Dawkins is an example of someone who ought to know better than to let himself slide from vehement but solidly-based scientific argument over towards subjective polemic.
  • Steve
    by Steve 1 year ago
    Like faith may be necessary for positive religious belief, my view is that atheism also requires faith - faith that the universe is NOT the product of creationism - for absolutely no one, least of all a wilfully narrow-minded, obsessed, clutching-at-straws Dawkins can provide compelling proof otherwise. He is responsible for my switch FROM devout atheism to accepting that my only path of truth must be through agnosticism. Ironically, he's given atheism a very bad name! However, his examples of stuff like convergent evolution in echidnas are fascinating to me in their own right, so I will continue to read, despite my disgust at his constant abuse of Charles Darwin's work. He stands on the shoulders of a giant, yet still stoops low enough to completely avoid integrity.

    Ooh, that feels good to get off my chest. Now, what we're you actually talking about again...? Ah, yes... ahem... historical fiction... but what I've written above is how far I think too far is.
  • Tony
    by Tony 1 year ago
    Interesting thread. I don't suppose you would need this devise, but what I've done in my 'historical' novel set in the 1960's i.e. within living memory, which includes one or two notorious, real and still living people, is to introduce an entirely fictional friend of the 'celeb'. If anything too controversial has to be said or done, the friend steps in and does the honours, while the celeb, taking a comparatively minor role, maintains the authenticity.
  • Tony
    by Tony 1 year ago
    Steve, one of my characters claims he would be an atheist, if only his faith were strong enough.
  • AlanP
    by AlanP 1 year ago
    Just returned here to see what's happening and wow. Lot's of reading to do. One thing leapt out at me from Emma - image rights do indeed exist in law and can be protected. They have to be registered though, which is something done by some form of legal assertion and can be owned by someone other than the imagee, provided they have agreed. David Beckham fancies himself sufficiently to have registered his image and Sol Campbell was once suing Portsmouth FC for over £1M for unpaid image use royalties.
  • Steve
    by Steve 1 year ago
    Tony - splendid line, and right on the money. I may elect not to believe myself, but at least I respect the beliefs of others. More to the point of the thread, I think the use of your fictional character is a very intelligent move.
  • EmmaD
    by EmmaD 1 year ago
    "image rights do indeed exist in law and can be protected. They have to be registered though, which is something done by some form of legal assertion and can be owned by someone other than the imagee, provided they have agreed."

    And hence, of course, the use of model release forms, and so on... That's really interesting. But presumably, if the person has to agree, you can't register on behalf of someone's who's already dead.
  • Caf
    by Caf 1 year ago
    Hi Rebecca, I find this topic really interesting because of an article I read recently. Apparently their is an American film being made about Mandela's exwife Winnie. It's been reported that she is totally ticked off and wants to stop the film unless she has some control over the content, but filming is going ahead anyway. I have no ideas about legal rights but I find this offensive.
  • AlanP
    by AlanP 1 year ago
    Emma, I have now proceeded beyond my depth for specific knowledge and wouldn't wish to speculate further.
  • mike
    by mike 1 year ago
    There are so many different ways of combining fact and fiction. There is a recent book called 'The Last Dickens' which weaves a fictional story about Charles Dickens's final tour of America. I have read other novels using the same idea. ( I had an idea for one of these myself, but just do not have the time to do the research.(
    I read a historical novel by Daphne Du Maurier which could well have been a fictional account of what really happened to one of her ancestors.
    Writers are in the public domain but, as an executor of several literary estates, I can see problems if descendants of a real person are still alive. Can you libel the dead? Apparently, executors of literary estates are the bane of many biographer's lives! But i think this only counts if you are well known writer and one of academic interest. There are societies 'The Keat's Society' for example, who might well be able to give you advice over these matters.
    Problems have arisen over people putting family material onto web-sites. You suddenly find your great-grandmother was involved in a court case etc...
    Ps. What about 'The Maid of Buttermere?' All the stories about this maid are based around a real event.
  • EmmaD
    by EmmaD 1 year ago
    "Can you libel the dead? "

    No.

    "Apparently, executors of literary estates are the bane of many biographer's lives!"

    Only because they usually control not only the published work, but also letters, diaries, MS and so on. So if they don't like what you're doing, then they can stop you quoting from the published work, beyond the 'fair dealing' rules, and not let you see the rest of it. But they can't stop you publishing the book.

    Hence the advantages of being the 'authorised' biographer, with an agreement in the contract about what they'll let you do. On the other hand, I know biographers who say they'd rather be unauthorised, and not have their hands tied...
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