Legal Basis for Using the Name of an Individual as a Character in a Work

The article examines the legal grounds, conditions, procedure, and purpose of using an individual’s name as a character in a third party’s work. Generally, assigning a real person’s name as a character (actor) to a literary or other creative work’s character requires consent to prevent unwanted associations. This requirement ensures individuals are not involuntarily linked to fictional or non-fictional characters that may affect their reputation.However, Part 2 of Article 296 of the Civil Code of Ukraine establishes an exception, allowing the use of an individual’s name in documentary works without consent. This provision safeguards their right to freely collect and use information. It also upholds freedom of speech and the dissemination of documented information. Additionally, it guarantees the right to creative freedom. Documentary works not only reflect the author’s creative decisions but also present information about real-life circumstances, facts, and events in a creative form, based on documented sources.A documentary work is an intellectual creation that integrates two key elements: factual reproduction based on documented sources and the author’s creative interpretation.While such works depict real-life events, their authors retain the right to offer subjective perspectives in accordance with the constitutional principle of freedom of intellectual and creative activity. The presence of documented sources ensures the reliability of the information, while creative interpretation allows the author to analyze and present facts in a meaningful context.By virtue of the constitutional principle of freedom of intellectual and creative activity, the author of a documentary work may give his own interpretation of the facts. In legal disputes, the documentary nature of a work must be substantiated by verifying its reliance on authentic documents. Courts assess each case individually, determining whether the work qualifies as documentary and whether the use of an individual’s name complies with legal exceptions or necessitates explicit consent. The final decision depends on the balance between the right to freedom of expression and the protection of personal rights, ensuring that both interests are duly considered.