Reader Question: Does a writer need permission to use public figures in a story?

Question from januaryfire:

Scott — 

I’ve recently stumbled upon an interesting story idea that would rely heavily on news reports/articles for research. When working on an historical fiction, how is that classified as “original” or “based on a true story/facts”? Is it okay to proceed with creating characters but also incorporating information on actual events into the fictional part? Using a character like the President/Vice President and other actual people quoted in journalistic articles? Do you need permission?

Let me give my usual preface: I’m not a lawyer, I don’t play one on TV, but I do wish my wife had become one because she can out-argue me on anything.

It’s my understanding if a person is considered to be a ‘public figure,’ their lives — at least that which is knowable via public means — are considered to be fair game. So yes, you can use actual historical events in a fictional story. Yes, you can use actual historical figures in a fictional story. One need look no further than Forrest Gump to see that in play:

Hell, one of the scripts on The Black List (2010) that came out today is

ABRAHAM LINCOLN: VAMPIRE HUNTER by Seth Grahame-Smith

“When the mother of future United States President Abraham Lincoln is murdered by a vampire, he begins a lifelong vendetta to rid the world of the heinous creatures.”

So if you can make Abraham Lincoln a vampire hunter, as long as a person is in the public domain, it looks like you can do pretty much whatever you want.

If there are actual lawyers out there who care to provide a more… you know… legal interpretation of the facts than my musings, please chime in. 

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