Can a person write a fictional story about a real person or object?

I want to write a fictional story that would include mention of the Stanley Cup and its handlers (“Cup Keepers”). Is this legal? I know that the Stanley Cup is a licensed object but am not sure if I can write about or if I can create illustrations of it in a graphic novel.

Asked on February 27, 2012 under Business Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is nothing preventing you from writing a story about an inanimate object such as the Stanley Cup. You do not need permission to write about the trophy or even its handlers if they are simply mentioned in the abstract. Likewise, there is nothing that would prohibit you from even creating an illustration about this trophy for the book assuming you created the illustration. If you used someone else's illustration, you might have some copyright issues to deal with.


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