Is it legal to use my grandfather's name for a song without permission?

Question

I discovered that someone used my grandfather's name as the title of an instrumental song without my permission. The song pertains to a group of murderous bootleggers in the 1920s, while my grandfather was a U.S. Marshal sent to clean up a county. The song has been commercially released and has a strange and obscure track that, although without words, has a demeaning and demoralizing sound to it. Is this legal?

James L. Arrasmith · Answer

Your concern about your grandfather's legacy is understandable, especially given the contrast between his honorable service as a U.S. Marshal and this musical portrayal connected to bootleggers. The emotional impact of hearing his name used in this way must be difficult. 
 
From a legal standpoint, personal names generally cannot be copyrighted or trademarked unless they're being used as part of a business or brand. Musicians can typically use real people's names in their creative works, even without permission, as this falls under creative expression - similar to how authors can write historical fiction using real people's names. 
 
However, if the song makes false claims that damage your grandfather's reputation or intentionally misrepresents historical facts about him, you might have grounds for a defamation case. Since this is an instrumental piece, proving defamation would be challenging, but you could consider reaching out to the artist directly to share your family's story and express your concerns. Sometimes, a personal connection can lead to understanding and positive changes.

Q: Is it legal to use my grandfather's name for a song without permission?