Discussion:
May I name a book character in a novel "Bobbie Lee" or "Roberta Ellen Lee" and describe her as a member of the same family without infringing any rights of current members of the Lee family?
The origional General Robert E. Lee died circa 1870 with no children. She would be the hero and the book would not insult either that family or General Lee.
If I merely describe her as having the same name but no relation other than being named after the general because her parents admired him would that be enough to avoid problems?
Answer:
I am not an attorney, but seeing as how this is a novel,
I myself don't see any problem, especially since the name
you are wanting to use is a fictitious name, and the use
of General Lee's name should not be a problem because
he is long deceased. However, here are two quotes from
"Getting Permission: How to License & Clear Copyrighted
Materials Online & Off" by Attorney Richard Stim, which is
available at
"In many states, the right of publicity survives death and can
be exercised by the person's estate."
"A release is not needed to use a person's name or image
for information purposes. An informational (or "editorial")
purpose is anything that informs, educates or expresses
opinions protected under the First Amendment of the
United States Constitution (protecting freedom of speech
and of the press). An informational use would include
using a person's name or photograph in a newspaper
or magazine article, an educational program, film, nonfiction
book, or informational webzine (a magazine published on the
World Wide Web).
If General Lee were alive today, it would appear you might
need his permission to use his name.
If you do not get a response from an attorney on this
forum, you might contact one or more book publishers.