Thursday, September 15, 2016

fiction - Using the real world in writing


To what extent can you use locations, businesses, etc. from the real world in fiction? I know someone cannot copyright a city, but what about a particular location in the city that's private. Can I talk about the Denver Convention Center and use the actual building layout in a novel? Can I use a particular business, say Hacienda Colorado, in a book?



Answer



Use of trademarked names in fiction does not violate intellectual property laws. There are a couple of things to be wary of nonetheless.


Be careful with the light in which you depict real businesses. As explained here, if you have a character die from a bad hamburger at Burger King or hurt himself because of a defective pair of Reeboks, then prepare for a libel suit.


Similarly, as discussed here, don't turn a trademarked brand name into a verb or a non-proper noun (which lawyers call trademark dilution). In other words, don't have characters "hoovering the living room," "drinking a coke," or "googling their names." Instead, make sure they're "vacuuming the living room with Hoover's wonderful appliance," "enjoying a Coca-Cola," or "performing a search on their names using that awesome Google." Or better yet, stick to vacuum cleaner, soft drink, and search engine. :)


As long as the portrayal is innocuous, and brand names are capitalized and not "genericized," there is no harm and no need for any kind of acknowledgment.



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