Wednesday, June 24, 2015

marketing - Is it unusual to use product placement within a fictional novel, and what are the legalities around this?


We intend to use the name of a well known brand within our novel and have written to them to gain permission to use their name. They have got back in touch today to say they would be honoured for us to do so. It does in no way detract from the storyline, in fact because of the popularity of the brand we feel it enhances it. I suppose there are two questions here;


1) Is it considered unusual to do such a thing within fiction? 2) Are there any requirements as with television to state that a brand name is placed within the book.


For clarity we are not being paid for doing so, simply gaining permission.



Answer



You have covered the legality, because you have their permission. The issue is therefore closed and complete. You have, however, possibly missed an opportunity, because you might have been able to obtain some payment for using the name, although this is very unlikely. In films, such payments are much desired and sought, but in fiction, it is very rare for a company to pay a writer for the opportunity to put the name of a product into a book.



On the other hand, you usually don't need permission, because if the product is in the public eye, it is expected that it can be mentioned without compensation because it is as much a part of the cultural framework of our lives as, say, Mount Rushmore. Mount Rushmore is a famous, named entity, but you don't have to pay anyone to mention it in a book, any more than you have to pay Coca-Cola just to mention its name in a book.


It becomes a different thing, however, if Coca-Cola becomes a character or a major plot element in your book. That's when you have to think about paying the Coca-Cola company to use the name.


(And see RhysW's comment below for an important additional note.)


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