Can You Use the Names of Historical Groups in Non-Historical Fiction?

When it comes to writing non-fiction, one of the most common questions is whether you can use the names of historical groups without facing legal issues. While the answer can be complex, understanding the nuances can help authors like yourself avoid potential pitfalls.

Famous entities, whether they be individuals, organizations, or groups, often have a 'fair use' clause. This means that they can be referenced in books without problems, as long as the reference is made in a fair and accurate manner. However, there are certain factors that complicate this, especially when it comes to fictional works involving historical groups.

The Fair Use Clause: Golden Rule or Double-Edged Sword?

Fair use is a legal concept that provides limited protection to individuals or corporations to use copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Essentially, it means that people can refer to and use these groups or entities in their works, as long as it is done in a fair and respectful way.

Corporations and Product Usage

Things get complicated when corporations or brands are involved. For instance, if a literary corporation wishes to incorporate a famous product or entity for profit, it often requires negotiating a deal with the owner. Disney, for example, would need to negotiate with Ford over the use of Mustang cars in a movie adaptation of a book, as this would involve using a copyrighted product.

The same consideration applies when writing a non-historical fiction book. If you decide to use a historical group, there might be legal implications. The potential for the book to be adapted into a movie could mean that a corporation, such as the Mustang owners, would need to be involved for a profit-sharing deal or for the rights to use their brand. Therefore, it's crucial to consider the commercial aspects before deciding to use such names.

Editorial Advice and Legal Precautions

When it comes to publishing, editors often suggest making changes to avoid potential issues. For instance, if you wrote a scene where the characters went out for a Coke, an editor might suggest changing it to "a cola." This is done to prevent hassle and unnecessary negotiations, especially with corporations that hold trademarks or brand names.

Historical Groups in Fiction: Navigating the Grey Zone

Historical groups like the KKK or NAACP can be particularly tricky. If you want to write a book based on a smear campaign against the KKK, there might be fewer issues compared to a book that smears the NAACP. The legal landscape is more complex with organizations that are still active and have a public profile.

Best Practices for Authors

Given the potential complexities, here are some best practices for authors writing in non-historical fiction:

Avoid slander and defamation of any group, including historical groups. Maintain a respectful and accurate portrayal. Consult with your editor about potential legal implications, especially if your work has commercial potential. Be mindful of brand names and logos that might need to be modified or replaced to avoid legal issues. Where possible, seek permission or negotiate deals with corporations whose products or brands you intend to use in your work.

In conclusion, while using the names of historical groups in non-historical fiction is generally permissible, it's essential to be cautious and consult with professionals to avoid legal issues. By following these guidelines, you can ensure that your work remains both ethical and legally sound.