Historical Novel and Permissions

[Ermo]

Let's say I wanted to write a semi-fictional account of a real person - something like DEVIL IN THE WHITE CITY - based on actual historical references, etc., Do I need to get permission from anybody who may, say, "own the story" if that exists? Or can I just write it? The story I'm looking at is more than 150 years old so it should certainly be in the public domain, I think. Anybody know?

[polymath]

A compilation of historical information is a fair use exception to copyright restrictions, as long as there's a substantive amount of original writing, and faithfully cites, attributes, and sources information from mutiple sources and is limited in scope, meaning not copied in substantive quantity from any one reference work. And lastly, is copyright registered as a compilation. Historical works' purposes are references and are themselves accounts of lives lived by persons, places, events, and so on, without any overt permission required.

There are exceptions and reserved rights and copy protections some types of reference works enjoy. However, in general, historical reference material can be incorporated in creative works, again, if faithfully cited, attributed, and sourced.

Copyright most strongly protects creative intellectual property. History, even current events, is in the public domain. Anyone, any event, any place, etc., is fair territory for writing about, factually or fictionally. Only living and recently living persons enjoy some measure of privacy rights and rights against libelous or slanderous comments. Business entities and the like enjoy some rights against harmful interference with their trade practices.

Permissions are a matter of courtesy and respect, and due diligence to avoid the unpleasantness and costs of litigation. The so-called authorized biography is an example of a permissive relationship between a person or a person's estate and a writer. So-called unauthorized biographies can be construed as an adversial relationship. An issue there is the possibility of slander and libel litigation.