How to Fictionalize Real People in Creative Writing

There is a growing trend when it comes to fictionalizing real people in novels. While this trend has always been followed in film, it is now coming to light in fiction novels as well. There are a number of novels that have taken creative liberty with people of history and fictionalized them for the benefit of the plot.

The first thing that you need to do before you decide to fictionalize a real person is to get their permission. Some will grant permission only if their character is made out in a positive light. Eliot Ness is one person who granted permission to Oscar Fraley to fictionalize him in the book The Untouchables. The book, although touted as a biography of Ness, is fiction. Ness died six months before the book was published.

If, as is the case with Ness, the person you wish to fictionalize is dead, then you need permission from the estate. The reason that Eliot Ness has been fictionalized in so many novels, including Torso, Nemesis and Chasing Eliot Ness, is because he left no estate and there is no name and likeness trademark on his name. His exploits as a crime solver and a ladies man have become fair game for writers. In Nemesis, he is on the trail of the Mad Butcher of Cleveland while having problems with his first wife. In Chasing Eliot Ness, he trails Al Capone in the first half of the book and discusses the notorious murders in Cleveland as he pursues the female protagonist after his first divorce.

While writers can get away with fictionalizing some historic characters, in many cases, they cannot. In some cases, the family may have a name and likeness trademark to protect the name of their deceased loved one. Someone writing about the sex live of Frank Sinatra, for example, would have a difficult time with name and likeness issues as his estate is protected, whereas the sex life of a Chicago prohibition agent is up for grabs.

Some books will use only one real character and then intermingle them with fictional characters while others, including The Untouchables and Chasing Eliot Ness use several real life people who are also fictionalized, including Al Capone, members of the treasury department nicknamed The Untouchables, silent film star Alla Nazimova.

Using real people in fiction can make a book more dramatic, although the writer should make it clear that the book is fiction and not a biography. Using historic events as well as places can also work well when intermingling notable historic figures with fictional characters in novels, although creative license can be taken with some events that took place over time.

Those who want to write a book using historical figures should first make sure that there is no name and likeness issue associated with the person they wish to portray in their book, do research on events that took place in the time period in which they lived and then create their story. Mixing real people with fictional people can make for a thrilling book if it is done properly