Is It Legal to Use a Real Last Name in a Novel?

Authors often draw inspiration from real-life names to enrich their characters or settings. However, the legality of using real last names in novels can be a complex matter. Here, we explore the legal considerations and implications of employing authentic last names in your literary works.

To Use or Not to Use Real Last Names?

While first names are frequently derived from various sources, the practice of using real last names in novels is less common but more nuanced. Many names are chosen for their distinctive or evocative qualities. However, there are legal and ethical considerations when deciding whether to use real last names.

The Impact of Using Real Last Names in Novels

Imagine if it were legally prohibited to use real last names in novels. This hypothetical scenario would have profound implications:

Novel characters would predominantly feature extraordinary and unique surnames, making literary works seem less relatable and less engaging. Classic characters like Harry Potter, Sherlock Holmes, Miss Marple, David Copperfield, Scout Finch, and Dorian Gray would not exist, significantly altering the literary landscape. Even if authors created bizarre names, their literary rivals could easily change their names to align with the novel’s characters, making authors potentially liable for legal repercussions and book bans.

The Legalities of Using Real Names

While no one can copyright their name, there are stringent rules to avoid legal disputes. The primary concern is the combination of a real person's name with their occupation or personal characteristics. For instance, using the name John Taylor in a novel that portrays him as a gynaecologist who operates illegally on women would be problematic. Here's why:

Libel and Legal Disputes

Portraying a real person in an unflattering light can lead to libel claims. The key point is that changing a name to 'Jones' does not mitigate the issue. Instead, it's crucial to avoid naming specific real people with identifiable details that could lead to libel accusations.

Commonness vs. Uniqueness

Even common names can lead to legal issues if the character's attributes are closely linked to a real person. For example, if a novel portrays a character with the name 'John Taylor' as a gynaecologist operating illegally without registration, other people with the same name could have legal grounds to challenge the portrayal.

To avoid such scenarios, authors can consider the following strategies:

Making Up Names

Using entirely made-up names can be safer. Characters like Hagrid and Dumbledore, while fictional, are memorable and unique. Alternatively, using very common names such as John Smith reduces the likelihood of legal issues, as long as the character's attributes are not linked to any real person.

Research and Due Diligence

Performing thorough research on the names chosen for characters, especially if they have occupations or distinguishing characteristics, is essential. Checking medical or professional registers can help ensure that the name used does not have a real-life counterpart who could potentially challenge the portrayal.

Ultimately, while there are no strict laws prohibiting the use of real last names in novels, careful consideration and due diligence in the selection and portrayal of characters can help authors avoid legal complications and ensure that their works remain both engaging and within the bounds of legal restrictions.