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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Although my novel is fictional I did mix in real use real peoples

Resolved Question:

Although my novel is fictional I did mix in real use real people's names is some of the scenarios within the book such as " Barbara Walters... said" or O.J said... What is allowed in a fictional novel when make quotes that are intended to make the book more interesting?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
In this scenario, the law of defamation applies. Defamation is making a false statement which injures someone's reputation. Even though your novel may be fictional, if you say "Barbara Walters said ABC" and Barbara Walter's doesn't like what you say, she could potentially sue you.

There's no sure fire way to protect you legally in this circumstance. You could simply say in the beginning of the book that "all statements attributed to OJ and Walters are fictional statements and were created by the author."

Most people simply use a fictional character, or change the name to simply allude to the celebrity (Samantha Walters instead of Barbara Walters).

Please let me know if this answers your question.

Best Regards,
Zachary D. Norris
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