I'm writing a picture book that will include the names and likenesses (illustrations, not photographs) of deceased celebrities and historica...

Question

I'm writing a picture book that will include the names and likenesses (illustrations, not photographs) of deceased celebrities and historical figures. The people will be represented according to their well-known accomplishments or positive attributes. Do I need permission to do this if I intend to publish the book?

Answer

Generally, the answer is no. California Civil Code 3341.1, for instance, protects the rights of deceased personalities, but subdivision (a)(2) of that statute contains exemptions for books, works of political or newsworthy value, single works of art, and other things.

You need to obtain permission of the holder of the copyright of your illustrations, however, if you did not make the illustrations yourself.