A question I have for writing

[WhiskeyMadDog]

So, I'm writing this existential comic about depression and my main character has an obsession with this real-life artist (let's call him "G" because I am too nervous to say who it is). This artist is very personal to me, and my character. He has been dead for about 20 years and his art emotionally touches people. A lot of his fans (including me) feel a strong connection to him even though we have never met him, because his songs feel so personal to us. When I listen to him, it feels like a warm hug; like he's there in the room. This is how my main character feels too when he listen to G's music. I really want to use this person as a character in my comic to represent that relationship we have with his music, and do it respectfully. G shows up as a ghost in my comic who mentors the main character and helps him develop as a person, and helps him with his suffering through music. They form a friendly relationship that isn't romantic at all. The story is also about G's quest to fly to the afterlife and to finally be at peace, but giant obstacles stand in his way.
I want this comic to be heartfelt, funny, and witty. Adding this person is for the purpose of comedy,commentary and critique on his life, and how we are affected by his music.
However, I am anxious about posting this on tapas, because I don't want to receive backlash by anyone, as this guy was a real person and someone's baby. Hurting someone's feelings does not concern me, but what does is damaging this guy's reputation and using him as an object in my comic, instead of treating him like a real person. I want to respect this person's privacy and am considering changing his name and making a character based off of him.
Real people have been used in fiction (like doctor who episode with Van Gogh) but this guy still has family and friends living around and while he is not as popular as everyone else, and it is unlikely that people will come across this comic, I really do not want to hurt his spirit.

Can my comic be considered fair use, or should I change the name and make a character instead?

[Lahin]

I want to respect this person's privacy and am considering changing his name and making a character based off of him.

I'd say this is better. I can't know how they would feel about it, so I'd stay on the safe side. Plus, if you use the real name, there's extra pressure on you to try and not make that character say or do things that might hurt his reputation or image and to make him as realistic and close to his real-life counterpart as possible.

So, even if it falls in fair use, which I don't know if it will because I haven't researched about it, you don't want to have an axe over your neck to perfect that character in several aspects as you write.

Base a character off him and then you can feel at ease as you write- is my opinion.

[WhiskeyMadDog]

Yeah that sounds like a better idea. Thanks

[OKHedgehog]

Adding a few generic touches might help the audience connect more.

I think most people who feel the connection to their idol artists work never really know the true nature of their idols personality but the loss and connection feeling is still very real.

By keeping a mystery about them but adding small ‘a fan would know’ details of this or possibly a mix of lost artists it could keep the audience wondering and help them project their own idol onto this ghost character.

I also think your story is a wonderful idea.

[therosesword]

I want to respect this person's privacy and am considering changing his name and making a character based off of him.

Excellent idea. Quite a few years ago some people made a play out of a famous singer from the 60's. They meant it as an homage. The singers family heard about it and came out swinging with multiple suits and it got pretty ugly.

As respectful as you want to be and as heartfelt as you want to be, you have no idea who now owns not only the rights to the person's work, image, name etc. This happens both with very famous people and not so famous people, especially if they have not been dead for a very long time. In a court of law 20 years is not considered a long time.

Base a character on the person but don't use the person himself.

[Lahin]

I was going to tag you because WhiskeyClone mentioned 'fair use' XD

[therosesword]

Sticky sticky situation and I think fair use wouldn't apply here, I think. I'm not an attorney and have not dealt with it before sooooo. But... I knew some of the people involved in the case I mentioned and like I said, The family came out swinging and it was bad, bad, bad. It's kinda like... if you see snake and you don't know if it's alive or dead, don't poke it to find out.

At that time there were no state statutes about using dead celebrities images, names, etc. for such purposes so the case went federal which meant $$$$$$$$

I admit I have not kept up with changes in the law etc (I'm not an attorney) I just consider anything like this "don't poke the snake.

[Lahin]

Yup, "don't poke the snake" it is.

[therosesword]

There is the possibility of obtaining the rights to do this. Best to have an attorney work on that, but the initial research on who "owns" the person's image, music etc. could be done by someone other than the attorney.

[WhiskeyMadDog]

Alright. I have made my decision and decided not to poke the snake, and instead make a character.
Thanks for your help

[Lahin]

NEWS:We're getting reports that in south asia, some guy's taking notes(Me) and the storm created by that is causing mass panic. We advice you to stay indoors.

[Lahin]

I'm waiting to read it when it comes out.
Best wishes.

[WhiskeyMadDog]

Thanks. Take care and thanks for everything

[therosesword]

Sorry we didn't have better news. But... again, you could do some research and if no one "owns" a piece of your favorite fellow you could query the family about the rights to using him in the story. When I worked for the audio drama company we had a contract with the family of Sir Arthur Conan Doyle to create new radio drama stories of Sherlock Holmes. We paid a minimum amount but it was always a source of pride for my boss that the family granted our company those rights.

Best of luck.