Often, I come across questions about copyrighted material, trademarks, and whether or not certain things can be used in fiction. Here’s a common list of items I see authors asking about.
Towns/City Names: You can use the names of real towns and cities without any problems. I tend to use real large cities and make up the names of smaller towns. It’s easier to “create” a town to your story’s specifications and needs. You can take liberties with real places by making up the names of streets or businesses.
Company/Brand Names: You can use real company/brand names (Nike, Ford, Frito-Lay, Xerox, Facebook, etc.) as long as you don’t show them in a bad light. For example, you can write: A guy who worked for Xerox sat there eating his Fritos with his Nike-covered feet propped up on the dashboard of his Ford Explorer while he scrolled through the Facebook feed on his cell phone. You can’t write: “(Insert real clothing manufacturing company name) employs sweatshop workers from a third-world country. They pay them pennies and have beaten those who complain.” (Unless you have cold-hard facts that it’s true, make up a name for the company.)
Song/Album Titles, Movie/TV Show Titles, Book Titles: These are free to use, but, again, it’s recommended you don’t talk bad about them in any way, i.e., “It’s the worst song ever written.” (You can even use them for your own book titles as long as you’re not violating any registered trademarks.)
Lyrics: A BIG NO-NO! (Most of the time): Most song lyrics have copyrights on them for 50-100 years. They usually have 2 copyrights to them: one belonging to the artist who wrote it and one to the recording company that released it. However, there are songs out there that are considered “fair use” and other songs that you can get permission to use. In 2015, Helen Sedwick, an author and an attorney in California, wrote a blog post on this, and it has a lot of good information on it. I highly recommend reading it if you’re really interested in getting permission to use a song’s lyrics in your book.
Celebrities (Authors/sports figures/actors/actresses/politicians/any other well-known-figure): Again, free to use, but don’t risk being accused of libel by showing them in bad light (no matter how much the press and tabloids have done that). Recently, actress Scarlett Johannson won a defamation case against a French author.
Excerpts from books, poems, newspaper/magazine articles, blog posts, etc.: Unless you have permission from the author and give proper credit to the author and the original publication, you’re leaving yourself open to a lawsuit. (Also, a possible ban from book sites for plagiarism.) The exception to this rule is anything written before 1923 is considered to be public domain and can be used. Some works written after 1923 also fall into this category. If you’d like to learn more about public domain and how to figure out if a written work is available for use or not, check out this article from the Stanford University Libraries.
Images of Celebrities or Any Other Image Found on the Internet: Just because an image can be found freely on the internet, it does not mean you’re allowed to use it any way you want. While there are sites like Pixbay that have images you can use for free, most images are copyrighted and require you to purchase them for use. To ensure you won’t get sued for using an image, make sure you either purchase the image from a legal listing site (Shutterstock, Depositphoto, etc) or the original photographer, or research the copyright terms on free-use sites like Pixbay. This includes images you use for covers, teasers, and on your website. There are actually people out there who post their images on the web, then do searches for anyone using them on their website or social media page and suing them for unauthorized use.
As with all my posts, these are simple guidelines to help you. Some are not written in stone, and you may find ways around the limits if you really feel you need a well-known name or previously-written work in your story. Make sure you research anything that belongs to someone else before using it in your books and risking a lawsuit.
What if another author has used the name of a town or city in their book, but you want to use the same town name, because its a fairly common name. Is this legal?
As long as they have not trademarked the town name for their series, you’re fine. When it comes to cities, I use the real ones. But when it comes to towns, I make up my own. I usually just check to make sure there is no town by that name in the state I’m writing about.
Can I name my book the name of a bakery that’s in business?
While it’s difficult to come up with business names that aren’t being used at least somewhere in the world, I would avoid using a specific business name in the actual town it’s in without permission. If a business is only doing business in one state, then that name is usually free to be used by someone else in another state, unless it’s been trademarked (like Starbuck’s). Also, you might want to look to see if the name is trademarked just to be sure you won’t have any issues down the line.
Question…. I am writing a children’s book and they are exploring different pet friendly places while on vacation…Am I to assume it is ok to have my illustrator create a likeness to the place and specifically say we are at this real place…..for example Dinosaur World in Florida… Thank you
I would create a fictional place. Some places, like Disney for example, are trademarked. You can use it as a reference, but I’d call it something else.
Hi Samantha, I didn’t see this question: in writing something that really happened say in a small town between some families, can you make everything different, use fictional names, town, but then what if someone recognizes the incident and says, “you ate talking about my family”?
Sorry, Allison. I just saw this. Fiction writers get ideas from real life all the time. If you change the names and a few other details, then you’ll be fine. If someone recognizes it’s them, you may get some flack, but if there is nothing linking them to the story, then all they can do about it is bitch. Make sure you put in your copyright section that the story is fictional and doesn’t represent any real persons.
Hi , I have a question that somewhat pertains to a similar concern. What if it’s a book based on true events but the names and everything are changed, and a person recognizes they are one of the main characters?? Everyone has a different perspective of how events unfold so how exactly that this play out ? What are the do’s and don’ts ?
Many fiction are based on real life people and events. As authors, we write what we know. As long as the names are changed, and there’s nothing to link the fictional account to the real people, there shouldn’t be any issues. You might piss off someone if they’re portrayed in a bad light, but as long as the connection is not obvious to anyone else, you’re good. Just make sure you put a disclaimer on your copyright page that says, “This is a work of fiction. While reference may be made to actual events or existing locations, the names, characters, places, and incidents are either the product of the author’s imagination or are used fictitiously. Any resemblance to any actual persons, living or dead, business establishments, events, or locales is entirely coincidental.”
so could i write about characters watching a certain tv show if in a good light? for example-
They sat on the leather living room couch and watched (Specific show).
You won’t have an issue with that. Using celebrity names, products, arts (shows, movies, book titles/authors), etc. in books in a good light is a free promotion for them, so it’s a win/win.
I have used songs for chapter titles for my fantasy romance book, which I haven’t released yet . example would be Mysterious Ways or Uninvited . The songs provided inspiration to crafting the characters. Are these song titles considered fair use ?
Song titles are not copyrighted, only the lyrics are, so you can use the titles for your chapters. (I’ve seen other authors do this as well.)
Great article. My question is about writing a short story based on characters in a movie. I loved Karate Kid 2 and the romance between Daniel and Kumiko, so I wrote a 3000 word short story about Daniel and kumiko when they met 30 years later. Not sure if I should contact the writer of the book before sharing it.
I am writing another short story using a real harbor town in Maine and that’s what brought me here.
Thanks for your time.
Sorry, I just saw this. It sounds like you’re writing fan fiction for Karate Kid. You can’t sell any books with characters from another author’s book without their permission. However, if you’re self-publishing it for free on a site like Wattpad, then as long as you don’t paint the characters in a bad light, you shouldn’t have any issues. If you contact anyone, it should be the publisher of the original book.
So I am writing a book about a girl who lives in a town with a very high crime rate would it be better to make up my own town or would it be ok to use a real town?
Hi, Abigail! Personally, I prefer to make up town names unless I need real one for a specific reason. I do use real city names, but with a fiction town, I can create it exactly how I need it to look – residential area, businesses, public buildings, street names, lakes, etc. I often find names of towns in one state and see if there is a town of that name in the state I want to write about. This way, there is no confusion. If a reader is in the town/city you’re writing about, they may have issues with you taking liberties with the names and places. For cities, I also make up street names so I don’t run into problems with a location.
I am aware that the NYC Fire Department was legally pursuing people selling “FDNY” merchandise like shirts. Can an author use FDNY, NYPD, real precinct numbers or fire company numbers in a work of fiction?
As long as you’re not portraying them in a negative light, you shouldn’t have any issues. They are going after people that are selling merchandise with the FDNY and NYPD logos on them. That’s a different thing altogether.
Hi. I’m writing a book with an action scene which involves an explosion in a well-known building (not the twin-towers). Is it acceptable to use the specific building’s name or will this be illegal?
If the building is privately owned/named like Trump Towers or Yankee Stadium, I would avoid it and give it a fictional name. But places like the Empire State Building, the Museum of Natural History, the Space Needle, and the Washington Monument are fine to use.
Can i use star wars the name and one line form the movie will i get sued? I need it for my book.
Technically titles aren’t copyrighted, but they can be trademarked, which Star Wars is. However, the line would be copyrighted under the original books. I would avoid using both the title and the quote – the Star Wars franchise is now owned by Disney and they frown on using anything that belongs to them without permission.
I’m wondering if I can use places in cities such as Paris in my book? Like certain hotels, cafes, places that are highly visited such as The Louvre Museum. And is it ok to use specific pieces of art, like “The Mona Lisa was stolen last night around midnight?”
Also, can I use inserts of lyrics in my book? I would be crediting the artists if that helps.
Thanks!
Paris, the Louvre, and the Mona Lisa are all fine to use. I personally would create my own hotels, cafes, etc. for two reasons. One, I know I won’t have any issues with the owners of those privately-owned businesses, and two, I can design them to my needs for the story. You can put them on streets that really exist or make up a street name and put it in a real area. As for the lyrics, no you cannot use them in your book without expressed written permission from the artist or production company (whoever owns the rights to the song). You can use song titles as they aren’t copyrighted. You can also contact the artist or production company and ask for permission to use the lyrics. Some will say no, some will say yes but for a fee, and some may just say yes (although that’s the least common). The exception to all that are songs over 75 years old that are public domain. Do a search to find out if a song is considered free to use under public domain.
… I think I might be heading for a partial re-write! I’ve referenced a privately owned sports stadium, a few privately owned pubs and possibly the main one (although not disparaging) is MIT and the surrounding area. The story mainly takes place within the campus…
You can use the Find/Replace to change the names without much effort.
I wanted to know if I can include a fictional museum in my story while all of the art work and exhibitions within the museum are actual art pieces created by actual people? Thanks.
I don’t see why not, as long as there isn’t anything derogatory.
Are writers allowed to change or tamper with historical events for the sake of the plot? And why do they do that?
Absolutely. That’s why it’s called fiction. Authors have been doing that for centuries.
Hey I’ve a question. I’m writing a thriller related to mafia and terrorism. So my question is that can I use a real country name in my story. Please reply soon
Yes, you can.
Stephen King recently did just that with his book 11/22/63 about the Kennedy Assassination. It was really cool. Go for it!
I’ve written a fictional book about three murders in New Orleans. The fabric of the story includes references to great restaurants that are well known. The references are all complimentary without disparagement. Having lived there I know the city well. Do you think this would be an issue?
Even though they are famous, they are still privately owned. I would check with a trademark lawyer first. If you were just mentioning the restaurants as places the characters went to dinner, that’s one thing, but if the murders are taking place in them, I would be careful about that.
Similar question – I am writing a zine book about awesome restaurants throughout Arizona. I collect menus from these places and have added pictures of the menus and some of the plates.. is this legal?
Personally, I would get permission, preferably in writing. Most places won’t have a problem with it (they probably have their menus on the internet anyway), since it’s free advertising, but it’s better to be safe than sorry.
Wow! I came across this site by pure chance, and to be honest I’ve learnt a lot more than from other writing sites. I read the blog about lyrics, which interested me. I’ve written my first book (it’s only a fairly short one, I suppose – about 80k words), and there are one line lyrics from about 20 songs… :O – all of which are post 1923 and it does include a Beatles song!
It’s a bit of a shame as I wanted the reader to start to imagine the scenario and I found that using a song is one way of doing it.
Do I repeatedly name the song in the narrative, though? Or is there another way?
I’m expecting a ‘no’ from a publisher if I ask to use lyrics…
You can “mix” the words up a little. I made a reference to the song “The Broken Road” and instead of using the exact lyrics, I said something to the fact of “that country song about a broken road leading to the love of your life.” You can also use the word “song” and its synonyms – for example – The tune was on repeat in his mind.” or “She hummed the song she knew by heart.”
Thanks ever so much! Starting to review them in the narrative… also changed the pub names as well.
Which leaves MIT as the setting. I chose that organisation as the setting, as it’s one of the foremost institutions of its kind. I’m thinking of getting in touch to ask for permission to use it
MIT is a well-known school and is often used in fiction/TV/movies, so you shouldn’t have any issues with that. You can put a disclaimer at the beginning of the book that you took creative license with the school and any differences within the story were intentional on your part to satisfy the story requirements.
Thank You very much, I really appreciate you taking the time to respond
You’re welcome and good luck!
Hey there! I appreciate this advice and it definitely has given me a real good approach to writing books. I’ve been wanting to write a book based on old Norse and Greek mythology, but I’m having a little trouble with some of the paragraphs I’ve wrote. I used a character of my own design along with many other characters who end up in upsetting spots and families, although it has a lot to do with religion. I’m not sure if it’s ok to use religion in sort of a malicious way, but I can assure you, it’s basically about how a man who believed in multiple religions, and was fascinated by them gets betrayed in the end by some of the Greek gods, and goddesses, and he plots to wipe them out, although, it starts off with the protagonist being in a abusive family with a priest, and I don’t find it pleasing that I used it in that way, but I felt like it would lead up to the story’s plot. Would I have to make up a phrase and backstory for the actual religion so I can write this story, or is that taking it too far? I mean no offense to any other religions, I just don’t exactly understand how story writing works since it’s my first time. I do apologize for taking up too much time with this comment. Thank you.
Religion is not copyrighted or trademarked, so you have no issues with that. Some people from that religion might have issues with your story, but legally there is nothing wrong with writing about it.
Hi, On vacation to a small island, I very briefly met an old beach man named Jesus (as in God’s son, not a Spanish guy). I would love for him to have a cameo in my fictional novel. I have no idea how I would contact him and I doubt he’s still alive. His “name” is one part that made him so interesting, so I rather not change it. What do you think?
It’s a common name (no matter which way it’s pronounced), and authors base many characters on real people – sometimes not changing the names. You won’t have any issues with this.
Thank you so much for this gem!!..This blog has been really helpful…almost all my doubts n questions regarding Fiction writing have been solved n answered. I just wanted to ask something regarding writing unauthorized biographies. Is it alright if I write a biography about a celebrity without taking permission from them. Though I’m showing them totally in a good light from beginning to the end. Was just fearing if they’ll sue me for not taking permission n all, as its my first time. Your reply will be really helpful n awaited. Kindest regards.
Sorry it took so long to reply. In the case of an unauthorized biography, I would consult a literary attorney before publishing it.
Can we fiction writers use that names of public organizations like NASA , CIA , FBI n all in our fiction novels without taking permission from them?
Yes, you can.
Hi! My question is this: I read about a restaurant in a blog and wanted to use the restaurant in the scene in my book. The tone of the blog piece was humorous and I wanted to stay away from anything the author wrote, but use the real restaurant because it was such a bad experience, I thought it would be good in my book. I made up a restaurant in my book with a different name in a different place, but had a similar type of bad experience. Is that kosher and allowed? I made sure to stay away from anything the author in the blog said about her experience, but used the restaurant.
I would avoid using real businesses in fiction, especially if it’s a negative experience. You could open yourself up to a lawsuit. Make up a name.
I read the link, but I am still not certain. While I know I can’t use lyrics without permission. Am I free to write that a character was singing (title of song)?
Yes, you can use titles. Song titles aren’t copyrighted.
Would it be okay if I were to mention and describe a specific public library building in my book? It’s not famous, just your average public library.
I don’t see why not. Privately owned businesses and buildings are where you run into trouble.
Samantha:
I have a book where one of the secondary characters is a certain sports team’s mascot-and is revealed to be an actual Minotaur beneath the costume he wears. He’s a kind and sympathetic character and would not reflect poorly on the sports organization but, of course, I want to avoid any issues. Thoughts?
I would create a fictional team. Most professional and college level team names are trademarked.
I’m writing a horror novel that involves an urban legend from where I grew up. I want to use the real town, however am I allowed to name the park? Like use the actual name of the park or no?
If it’s a public park, state or federal land/park/place, then you can use it. You should avoid privately owned business names.
Hi Samantha,
Coincidentally, we have the same name!
So, I have written my first novel, which will be self published through a credible Canadian company. Unfortunately, they do not provide copyright lawyers, and with self-publishing, the fees are extensive already!
I am just getting into the copyright paperwork with the company, and I have some trepidation on this because in my book, there is mention of an actual city and some of its landmarks. Other areas in around the city, I have changed the names of to keep it interesting. My main concern right now is that there is huge mention of Starbucks and other restaurants, shops and mention of celebrities — all written in a positive light. Secondly, there is heavy mention of the protagonists favourite band, and they are quite famous. There is a entire chapter of her experiencing their concert for the first time. I wanted these songs to connect with readers and want the book to be relevant in a lot of ways. Can their name be mentioned as well as a couple song titles?
Also, one of the characters drives a Jeep. Can I use that vehicle name?
I just do not want to get myself entangled with legal issues for mentioning these items.
Do you have any suggestions? The book is set to release soon in the fall 2022, so I have a limited time to make changes. Or perhaps, do you think it is best to just use my imagination and shift words around so the readers can connect the dots from subtle changes of real places for example, changing the name of “Starbucks” — to like “Stonebrooks,” but describing it as a similar place?
Thanks so much ! I have been wracking my brain about this!
Take care,
Samantha S,
Okay, lots of questions.
Business names are okay – like Starbucks – if you’re just mentioning that the characters meet there or hang out there. As long as you don’t say anything derogatory about the business, you’re fine. I’ve used real business names but I also make up a lot of names to avoid any issues. It depends on how much of the story takes place there.
State/federal/public landmarks are fine. Cities too. I make up my own fictional towns so I can create them just how I need them to be, but with cities, you can refer to the different sections for reference like “the south side” or Times Square.
Song titles are not copyrighted, so you can use them (NOT LYRICS!).
Celebrities and band names can be an issue (there have been libel cases in the past), depending on the context and content of the book. If you’re just mentioning the characters went to a band/singer’s concert (avoiding anything derogatory), or that they are the character’s favorite band, you should be fine. So is seeing a celebrity’s movie or TV show. I used country singer George Strait as a presenter at a fictional music award’s show, announcing on of my sub-characters winning an award. As long as everything is in a positive light, you should be fine. However, that being said, I would check with a literary attorney just to be 100% certain since you are using them “heavily” in your story.
As for Jeep – I know one author recently had a problem with using Jeep in a story and I’m waiting to hear back from her to get the full story again before I give you an answer on that.
Good luck!
Thank you for this post! It’s super helpful! Question about neighborhoods: I understand your point about small towns, but what if you negatively portray a neighborhood?
My story takes place in Austin, TX and a small plot point concerns a group of fictional magical creatures who live in a real world nature preserve. That part would be clearly fake. The problem: in my story, one of them has been arrested and charged with a crime, due in large part to the prejudice of people from the surrounding wealthy neighborhoods. There are a few wealthy surrounding neighborhoods (houses go for millions of dollars). If I include the neighborhoods, I worry I’d run into legal trouble or, at the very least, offend the residents. If I make up a neighborhood, I worry it’d be too obvious what I ‘m talking about because the area in question is small. It’s not like making up a fictional town within a state. How would you balance that? Thank you in advance!
I would use a fictional neighborhood for the one reason you pointed out – offending anyone that lives in the real one – and also because you can get creative with the setup without anyone pointing out your “mistakes” about the area that might be intentional on your part. Maybe you can say it’s a new neighborhood that borders the real one.
I’m writing a story, I thought I used a made up name for a lake, but out of curiousity looked. To my surprise there is a lake with the same name in real life. My lake is in a different location, however, then the one I found. Can I still use that name?
Yes, you can. But if it’s in the same state/area I would change it. People who have knowledge of the real one might be confused with your version of it. I tend to search for names of mountains, lakes, towns, etc, in one state for ideas, then see if there is one in the state I’m writing about. If not, then I use it and can describe it however I need to.
Hello! I’m writing a fantasy novel and I want to use the name of a real city as the name of the main country in my book. Is that ok? Or should I change the name of my fictional country? Thanks!
Yes, you can do that. When I want to make up a small-medium town in one state, I go looking in another for names and then search the state I’m writing about to make sure it’s not used. This way I can make the town to my own specifications. I also made up a North African country for one series, but I made up that name. Anyway, you can do that.
Hello! Very useful information, thank you! I want to ask if I can use the real name of the village in my book, but describe the village in my own way, that is, not like the village actually is? I am writing a detective story and I have already thought of a place where events will take place. Only this place doesn’t have a name yet. So I’m thinking, come up with a fictional one or can use the real one. Thank you in advance!
Definitely make up a name for it. I’ve seen some readers get upset when an author takes too many liberties with a town that they know well. I do know an author forgot to check to see if there was a town with the name she was using in the state it was supposedly in. There really was a town by that name in the state and it was nothing like she describe and also where she placed it in the state (in distance-wise from bigger cities) was different than where it actually was. Some readers took off stars in their ratings because of it. I look for small town names that I like in different states and then check to see if there is a town with that name in the state I’m writing about. If there isn’t, then that’s the name I use. That way I can make the town’s specifications to suit my needs for the story.
Thanks for your very useful information!
I am writing a novel based in Dallas, Texas and wanted to use the W Hotel. The hotel is not disparaged in any way, on the contrary, it is held up as prestigious lodging, but a prostitute and john go to a room in the hotel after attending a Dallas Mavericks / LA Lakers game. I am considering changing to the M Hotel. Is this enough of a change to the hotel name? And do you think I will have problems with using the NBA teams, Dallas Mavericks and LA Lakers?
I would use a different hotel name just because you don’t want them complaining about prostitutes using their business. Also, you may definitely have a problem using real sports team names since they are trademarked. Most authors create fictional teams and say they were added to the league. However, if you’re just saying that someone attended a game, that should be fine. But if you’re using players or the teams are a big part of the story, then definitely make them up. I have one work in progress where I added a new team to the MLB and in their third year they won the World Series.
You’re the best!
Came upon this site by accident. Very helpful information. Thanks for your research and your generosity in sharing
Hope it helped. Good luck with you’re writing!
What if there are hand written notes on things that happened in a celebratory life, the person is deceased,
Like a diary, going to write it as a fiction book…. No way to contact the people cause they are deceased…. Would this be legal?
Unless it’s a relative of yours, I would consult a lawyer in this case.
Did you mean Celebrity life? If so, even after they are deceased they still have people who manage their estate and name and come after if you don’t ask for permission.
Hi Samantha
Thanks for this wonderful advice! I wonder if you help with this please? I’m writing a narrated audio drama based in an area inspired by where I live. I have included two buildings that I think people will recognise- one a small theatre – I will not name it the same and the road names are different but it is definitely based on the real thing. The second is a private house where one of my key characters lives. It too is very recognisable- I have changed its name and described parts of the building which don’t actually exist as far as I know but some architectural features are real. The character is not based on the person who lives there – I’ve never met them.
Do you see any problems with this?
Thanks so much!
I don’t see any issues with it since you’re changing the names and adding/changing features. Most authors use real places as a basis for their fictional places. A lot of my fictional small towns have little bits of my childhood hometown or neighboring towns in them, but they would be unrecognizable to anyone reading it.
Greetings! You have an excellent site. Thank you for all you do.
I’m writing a non fiction autobiography. Is it okay to mention Penn Station (New Jersey area) and name different restaurants housed in or around Penn station. I have also mentioned different Butcher shops in my community. Nothing negative. Is this okay?
Penn Station is well-known and considered a public place, so that’s not an issue. I personally would make up my own restaurant and butcher shop names unless you ask the owners if they don’t mind you using theirs.
Hi Samantha ~ Thank you for the gift of your website and answering all of these questions.
I’m writing a mystery (fiction) and the character is traveling in a very specific STYLE of recreational vehicle – which is also featured in the title. I saw your comment about “Jeep.” Since this RV has a lot of different companies that make it (some people even make their own), is it ok to use the name of the Style of the RV? Would it be like saying, “car?” Or, “bus?” Or, maybe I should create my own new style of RV…??
Also, I’m wanting to use Sedona, Arizona as the location and incorporate the amazing energies that surround the area – it’s an integral part of the book. I was thinking about using Tlaquepaque (a very notable arts & shopping village) because it is so distinct. If it were you, would you rather create another similar type of venue with a different name ? Or, would you get permission to use the name and place?
So appreciate your generous heart and help!
Troy
If the name is trademarked for a specific vehicle or any other item, you’re better off not using it, especially in a title. Amazon won’t approve titles with trademarks in them. For the RV, if I’m just mentioning that my character drives a Ford Mustang, that’s fine. But if you’re using it for more than that, I would suggest making up your own. But “style” and “brand” are two different things. If you’re referring to a 5th-wheel camper (for example), that’s a style and that’s fine to use. As for Sedona (love that place!), I would create a fictional shopping center there for two reasons – one, it avoids any issues that might pop up with trademarks, and two, you can design it to your needs.
Thank you for thus post and website. I already got a few questions answered. However one question I have: my characters are in a book club. As book clubs do, they discuss and critique books and their characters. What is the etiquette for discussing actual books and authors? Is it appropriate for one of the characters in my book to say they didn’t like a character in an actual book and why? Does it matter if the author has passed on or still alive? For example, discussing/critiquing Agatha Christie or Carolyn Keene/Nancy Drew vs Ellery Adams/Jane Steward or Nora Roberts?
Also, if one of my characters quotes a line from a book, in the context of telling everyone else their favorite line? So clearly the author would be given full credit.
Thank you for your help:)
Hi!
Etiquette for mentioning actual books and other authors is this: if you’re mentioning a specific author/book, do NOT have one of your authors say they didn’t like it or criticize it in any way. Not only does it come across as rude to the author (especially if they’re still alive!), but you may lose readers who actually love that author/book. That being said, you can create a fictional book/author that your character doesn’t like and say something like “I’m not a fan of (insert genre or sub-genre) types of books.”
Now, as for mentioning other authors in general, I have given several of my favorite authors shout-outs in my books by having my character reading their latest release or mention that so-and-so is their favorite author.
Quoting another author requires quotation marks and full credit to the original author in the context of the story to keep you from being accused of plagiarism. I would also mention it in the opening credits somewhere.
Hi Samantha,
I am a retired British army officer and have just begun a new venture. writing.
Your tips and encouragement are applauded, particularly regarding fictitious Towns and cities, This means names can also be fictitious which over comes the problem of clashing with real people in prominent positions if i chose real locations. All logical of course, but I can get those words down now without feeling who i might offend. Excellent advice, thank you.
You’re welcome! Thank you for your service and good luck in your new venture!
Hello Samantha,
Just the type of advice I am in need of! My soon to be finished novel is about a love story taking place in Illinois with a great deal of small to medium towns mentioned, in addition to some restaurants, all in a positive light. Also, International travel is involved and I am researching hotel names and attractions that my characters are visiting. Does this sound innocuous enough or should I just make up establishments instead? Thank you for your time!
Hi, Georgiann
Most of the authors I’ve talked to about this agree with me, but it’s personal preference. I like to make up the names for small and medium towns, so I can design them to my needs. Also, I’ve seen readers get mad at authors for taking liberties with their small/medium towns. I saw one reviewer who stopped reading the book because the author got the distance from a major city to the town wrong. Annoying, but I can understand where the reviewer is coming from. With a law enforcement and EMS background, I get annoyed when TV, movies, and books get things wrong for both professions. Anyway, good luck!
Thanks for your prompt response , candor and well wishes. I will take it under advisement!
You’re welcome!
I am writing a novel that includes an internship in a pretty rare location. There is an organization that does have internships in this area and I have used their website as a resource since I cannot travel there. Should I make up my own organization in the same place or use the name of the existing one? Should I contact that organization if I do use them and let them know? Or could I ask them for additional information? It is only a small part of my book but I want to get it right.
Hi, Kendra! Personally, I’d make up a new place for two reasons: one, it keeps any legal woes away, and second, I can design the place exactly how I need it.
Hi,
I’m in the planning stages of a middle grades/young readers book that I want to set in the large city I grew up in. My question is: am I allowed to use the name of a real high school if it is a public school? Or should I make up a name instead? (It’s the high school I graduated from, so I’m not concerned about getting details wrong—more about the legality).
Personally, I’d change the name even though you’re modeling it after the real school, just to avoid any issues down the road.
Am I write a story set in a known place, like Disney World, Windsor Castle etc. ?
I would avoid Disney World as they have been known to sue over their trademark. Other famous places that are publicly or federally owned are okay to use.
I’m working on publishing my first book and I was curious if I will have a lawsuit on my hands just by having song lyrics in my book coming out a certain way. Not that I’m changing the lyrics but the book I’m writing has paranormal effects to it so I’m wondering if I’ll be sued because for a minute to show creep factor the song is played on the radio (in the book but sounds more demonic) not like going from country to rock but as if a demon was singing the song through the radio or changing it to scare the characters.
I was also wondering if I would get a lawsuit for using an establishment like Dunkin’ Donuts but having my main character say: “We met at Dunkin’ Donuts. But I always called it Dunkin’ Dognuts.”
Not by any means saying its bad but giving it like a nickname like Walmart=WallyWorld, Hannaford=Cannaford, etc.
Hi, Aynsley – sorry for the late reply but I just noticed this question wasn’t answered. Lyrics can not be used in your writing, as they are copyrighted. However, song titles are not copyrighted and you can say that the character is listening to the song. You can also mention it’s a cover of the original but was given a creepy factor. As for Dunkin’ Dognuts, that might get you in trouble, but it’s unlikely, however, I always err on the side of caution with things like that. Can you make up a fictional place and then give it a twist on the name?
Hello, I was wondering if it was okay in works of fiction to use names of organizations or gangs, such as Proud Boys, Oathkeepers or KKK, etc. Does it make a difference if they have been deemed a terrorist group or an illegal gang? Thanks for your guidance.
The KKK has been around for decades, so that’s not an issue. Taliban and Al Queda are internationally known and responsible for killing thousands, so again, using those isn’t an issue. However, I’d avoid the Proud Boys and Oathkeepers are relatively new, so I’d avoid them for several reasons, one being retaliation. Personally, I make up names for gangs and domestic terrorism groups.
Can you use a fictional email address in a novel? For example, I know that telephone numbers are preceded by 500. How can I used an email address in a novel? Is it okay to make up one with gmail.com or yahoo.com?
I made one up (forget what I used) but just search first and if it’s not being used then you’re good. Also, if your character has a business website, you can use that too (again, search to make sure it’s not real) – charactersname@businessname.com.
I am writing a murder mystery and the victim’s favourite band is the Arctic Monkeys. I was going to have him die in a band shirt that features the arctic monkeys. Is that legal?
As long as you’re not portraying the band in a bad light, using their images or music to market your book, or blaming them for the death of your character, you should be fine.
Okay! Thankyou for replying so quickly!
I’m reading a book and was shocked to find the experiences of friends written into fictionalized but very similar situations. The exact procedures by which individuals were physically tortured are described. Some of the words exchanged by real people, which were recorded and became part of litigation, and are in court records, were lifted verbatim and assigned to fictional characters. In one instance, a copyrighted song title is lifted. The author states that the entire book is a work of fiction and resembles no one. Is this okay?
Song titles are not copyrighted, only the lyrics are. As for the sections copied from litigation and court records, that’s something that should be consulted about with a lawyer. Many fictional stories are based on real life incidences, but names and facts are changed. I’ve honestly never heard of someone using dialogue from court records without the book being “based on a true story” at the very least or calling it non-fiction. Sorry I couldn’t be more helpful.
Hi! I want to write a book but use the same kind of world that has similar rules and references to a book another author came up with. Like, take warrior cats. They have clans, the warrior code, names awarded to them as they level up in rank as they get older, and mentors. If I wanted to make up my own characters, but use the name logic and clan thing, can I do that? (Sorry this is super long, I didn’t really know how to frame it that well)
You can use an idea (trope), but use caution when it comes to the rules and references. If by warrior cats you mean something like shifters, where it’s common to use the established hierarchy of the animals the humans shift to, as in how lions live in prides and there’s one male who rules over the others, that’s fine. But be careful not to plagiarize another author or use their fictional ideas as your own.
Hello, I am writing a novel based off my life, and my ex’s first name I kept along with mine because there’s a significant theme tied to the names and I’m writing under a pseudonym anyway. Would I only need to get his permission to use his name if I used both his first and Last name?
If there is any chance you he may sue you for libel (if he doesn’t like the book, thinks it’s derogatory to him, etc.) or if he thinks that will entitle him to a share of the profits, then I’d choose another name, but my recommendation is to consult a literary attorney. If you do get his permission, then make sure you have it in writing with his signature.
I loved it your post. I would like to write a book about a part of my life. But there are others peoples involved. Can I change the names? Can the person claim if she see that is a part your life too?
Change the names and make sure you put on your copyright page that it’s fiction and not based on any real persons. Many fictional books are based on some part of the author’s real life.
Hello, Samantha: I love your website. I’m writing a historical fiction novel based on the life of a teenager during ww2. She spent two years in a concentration camp in France. I changed the name of the concentration camp, because I know it is still a military place. Is okay to change the name of the concentration camp? Thank you very much in advance!
Hello Samantha!
Thank you for your website. I love it.
I am writing a novel about a teenager who was in a concentration camp in France during WW2.
The concentration camp is real (I’m writing a historical fiction novel), but I don’t know if I should change the name of the concentration camp since it is currently a military site (and it has the same name.)
Thank you very much in advance!
Hi, Elena. Sorry I missed your first question. Since the camp is historical and not privately owned, you can absolutely use the original name, but you can also change it too.
Thank you so much, Samantha! Your response helps me a lot!
I need advise. I am writing a true story about elder abuse, by a family member. The purpose of the book is to raise awareness of problems with the elder abuse system and hep with some change to elder abuse issues. I am very concerned about liabilities from this family member, yet the story will help others and open dialogues about the problems and issues around elder abuse. Any suggestions about liability etc in writing such a book
Sorry, I just saw this. I would contact a literary attorney and ask them this question.
What a great article! just found it. Question: I want to use the name of a person from the early 1900s, who is now dead. Can I use his full name in my book, or can I alter it: Example: Billy Tipton to Billie Tipton. I want the reference to the original person in an endnote. Do I need permission, and if so, how do I get that? Thanks so much!
Someone long dead, with a historic past, you shouldn’t have any problems. Just use caution if painting them in a negative light – his descendants might have an issue with that.
You mention often of not painting or writing about a place or something in a negative light. Can you clarify a little more please? For example, my main character is attending Oxford University in England. There are multiple murders that take place near the school, and by one of the professors. The names of the characters are all made up. “Oxford” didn’t commit the murders, but there is violance toward a student that does occur on the campus. Is any of this legal? Or do I have to change the name of the school to something like Oxfordshire University? The information you provide is very helpful. Much appreciated.
Based on the fact that your murder is one of the professors, I would change the name of the school. The legalities are a fine line and their lawyers can accuse you of defamation. That most likely won’t happen, but it’s best to remove the issue anyway. You can make up a school name and say it’s one of the most elite schools in the country.
I’ve written a script entitled “Redondo Beach” because that’s where the setting of much of the film is set, and the town is not presented in a bad light at all. I think that would be okay, right?
Also, the epigraph of the film, the first image of the film, is a quote from Pablo Neruda, which pretty much expresses the theme of the film. Is that fair use?
Finally, the main characters quote and discuss a passage from The Little Prince. Is that fair use?
Thank you!
Using the town name, as long as it’s not in a negative light, is perfectly fine. Town/city names are not copyrighted. The quote is fine as well, as long as you put it in quotation marks and attribute it to the author. Here is a link that breaks down fair use. https://www.belmont.edu/legal/pdf/Public-Domain-Chart.pdf. For The Little Prince, the characters can discuss it just as if you were discussing it with a friend or in a class, but I would paraphrase the quotes instead of putting them in verbatim. You can’t take long passages without consent of the current copyright holder.
Hi there, thanks so much for the article you’ve written. It has been very helpful!
If you ever get this message, I had a follow up question about using New York and the New York City police department in a work of fiction. I plan on having a story where a private detective and good cops are fighting against a small group of crooked cops in order to bring them to justice.
Is there a way to do this without being sued? I was planning on putting a disclaimer at the beginning of the book stating that it is entirely fictional and not based on any real people or events. If you ever read this question, please let me know your thoughts.
Thanks!
Hi! The only thing you can’t use without NYPD’s permission is their badge and logo designs which are trademarked, or the names of any of their officers (or anyone else employed by them – if it can be avoided. Obviously, if you make up a name, you can’t do a search to see if there’s an officer with that name, but my point is you can’t use a specific officer’s likeness and name combined). Having the disclaimer in the book will cover you. NYPD is world famous, and like most police departments, they’ve had a few bad officers. There are many authors out there who’ve used the police departments of New York City, Chicago, Boston, Los Angeles etc. for their stories.
Okay, understood. Sounds good! Thanks so much for your quick response, Samantha
. And Merry Christmas and Happy New Year to you and all your website visitors!
Thank you, and Merry Christmas and Happy New Year to you too!
Hello! Great post! I had a question for you. I’ve recently started outlining/world building a new story. It’s in a completely fictional fantasy setting, and so of course I’ve been making up all of the place/company/etc. names. However, after I did that, I Googled them and found that some of them are names of real companies and such. Obviously, there’s no relation at all between my made-up places and their real-world counterparts, since they were created before I even knew the real-world things existed. For example, one of them is part of a school’s name, and the real name belongs to a French cosmetics company.
Is it possible that I would get in legal trouble for using those names, even though they’re not connected in any way? Would it be better to change them just to be on the safe side?
Check for the names with the trademark office in the company’s original country. Trademarks must list what they specifically cover and what the name can’t be used on. In this case, I highly doubt a French cosmetics company doesn’t cover the use of its name in a fictional school, so you should be fine.
Hi! I’ve a question about using real people names? I’ve been trying to search the internet but not really found a clear answer.
I’m writing a novel and the main character has the same name as this soap opera actress in real life, is that okay or should I change it to be safe? Or tweak it?
My character is not based off this actress, she only has the same name.
Hi, unless a name is trademarked (and most aren’t), and your character is completely different, then there’s no reason you can’t use it. When I chose my pen name, I forgot all about a singer from the 1980s with the same name (without my middle initial).
I am writing a fictional story using actual historical figures. My question is in this story the main characters go to Florida and visit some of the theme parks. Can I name them or the rides therein?
Hi, Alicia – Disney gets very uptight when people use anything of theirs that’s trademarked/copyrighted, so you have to use caution. Can you make up a new park? This way you can make it to your needs and specifications. I’ve seen a few authors do that before.
Hi Samantha.
Great reading your responses to people’s questions – very informative 🙂 I’m writing realist fiction set in a women’s prison on a real island. On this island there are a number of prisons but only one is for women. It’s state-owned but I’m going to change the name. I want to use the names of some of the national parks and bays around the island, but this will identify my prison with the real one. Some bad stuff goes down in the prison so is it best to change the name of the parks and bays too? Should I distance the real prison even further by changing the name of the island?
Grateful for your advice.
Hi, Jay. Even though national park names are trademarked, they are also federally owned, open to the public, and well-known, so you won’t have any issues using them or the names of the bay. Personally though, I would change the name of the prison and maybe relocate it a little (like mention it’s a newer prison that was built a few miles away or something like that). This way you can design and describe it to suit your needs. I do that with a lot of my small towns.
Good luck and happy writing!
Hello I would like to ask a question. I’m writing a book and I want some parts of the story to be located in Atlantis (the sunken city). Is this considered copyright? I’ll be waiting for your response! 🙂
Atlantis is a place in ancient mythology, so there are no copyrights/trademarks on it. As long as you’re not writing a story based on the film Aquaman (or any similar book/film), then you shouldn’t have any issues.
Hi – I’m writing a story about a real place with real people. The people named in my story all died before 1950. A newspaper article came out in October of 1941, about this strange family. They had a boarding school and the head of the school died in 1941. The story went nationwide. It had to do with burying things they loved. I had family members who attended the school, so I was able to use what they told my mother, and then eventually told me. I want to write a story using the real name of the place and the people. To the best of my knowledge, there are no living members of this family. I also doubt there is anyone that is familiar with the family, the school, or the newspaper articles. Can I write my story the way I want to? I appreciate any help you can provide.
Hi!
Are you writing it as fiction or non-fiction? If it’s fiction, I would just change the name of the school and the names of the people involved (you can promote it as a “based on a real story”). If it’s non-fiction, I would consult with a literary attorney.
Hello,
I just found this marvelous site by accident today and, I must say, I’m completely amazed at the things I’ve read here. I thought that a fictional story, once cited as fiction, would cover most liabilities, but I was obviously incorrect!
My question to you is this…I’ve written a novel wherein a young man is murdered because he drove a Jeep the same color and style as my heroine. (the murderer is, apparently, a moron) The incident is mentioned a number of times throughout the book. I chose a Jeep simply because I like them and the area she lives in is a mountainous, rugged area.
Should I go back and edit the Jeep out of my book? I hate to do it because it fits in so well, but I hate even more the thought of being sued just for using the brand name.
As long as you’re not making the Jeep at fault (like it was made wrong and caused an accident) then you won’t have an issue. It’s considered fair use as long as you don’t use it in a negative/defamatory manner. Most trademarked companies have no problem having their products used in fiction/movies/TV since it’s free advertising for them. I’ve seen several authors make a note in the front or back matter with a list of the trademarked products used in the book. In the story itself, you don’t use the trademark symbol either.
If I wanted a character to fight somebody at the top of the Shard in a fiction book, would that be legal or would I have to ask the owners of the Shard if I can add this scene into my book?
Many thanks
Since it’s a well-known place, you shouldn’t have any problems as long as you don’t portray the place in a negative or defamatory light.
Hello Samantha,
The information you have provide is very helpful as I am new to book write. Currently, I am in the process of mind mapping what I want to write about. I know I desire to write fiction and I know I want it to be biblical based. I wanted to write a story of one of the parables Jesus talks about in the New testament, keeping in line the true meaning of the scripture, but telling the story from a modern day view. Is that possible to do without running into copyright issues? Thank you and I look forward to your response!
The Bible isn’t copyrighted, so you’ll have no issues.
Hey Mandi,
You might want to look into the Oxford University who claims a copyright on the King James version of the Bible through the Queen of England? I ran into that in one of my novels.
CJ Sweet
Hey Mandi,
I wanted to add that I may have run into problems because I wanted to distribute my novel in England, and they have different copyright laws than we do? Sorry – I can’t remember any more details.
Hey Samantha,
I’m writing a memoir but presenting it as fiction. I need to know about the copyrighted use of a Sonic, a Greyhound Bus, the town of Frederick, Oklahoma, the Frederick High School, and the casual mention of “a song by the Beatles.” I’ve changed names and altered appearances as well as I can remember since it took (takes) place in 1964, including the actual names of my father and stepmother – he’s dead and she probably is, too. I also mention disparingly some of her Hungarian traits when speaking? Thanks.
Hey! I was just wanting to know if it is okay to mention specific cars in a book. For example, a 1970 Dodge Challenger, or a 1953 Chevy pickup. No negative light would be on them, the characters would simply be driving them. Thank you in advance!!
Shouldn’t be a problem at all. Many authors mention the brand/model cars their characters drive. Most companies see it as free promotion as long as it’s not in a negative/defamatory way like you mentioned.
I’m writing a novel where one of the characters is obsessed with comic books and is an avid collector. Am I allowed to mention the names of superheroes or specific issues of comics (like Action Comics #13) in the context of my character being a superfan? My novel is in no way trying to reproduce or commandeer any of the comic characters or storylines. The character was raised by comics during a difficult time in his life and reading them shaped his outlook on life and his sense of justice. I’d prefer not to make up non-existent comics/characters but don’t want to run into copyrighting or trademarking concerns. Thank you!
Yes, you can say your character is a fan of (insert name) comics. It’s just like naming their favorite movie or book. As long as you’re no quoting the comics, implying that your character wrote them, or using them in any negative light, you shouldn’t have a problem. Most trademarked names like the positive exposure – it’s free advertising for them.
Hello there! Thank you for still replying to all the comments on this post with more detailed information!
My question: Is it okay to use popular historical locations in my writing like The Biltmore Estate or Graceland, for example? Like, if I wanted one of my characters to visit and talk about locations like this.
Yes, you can use them. Again, avoid painting them in a bad light.
Hi Samantha! Thank you for your helpful guidance here. So glad I found you!
My question: Is it okay to specifically mention businesses and their products? I want to have my characters enter an actual, popular store found in over 20 states. This business will be named, and I’d like said characters to purchase several unique items belonging solely to this franchise. When mentioned, the specific products will also be stated by their name, admired, and seen in a good light.
Hi, Mary. Most companies don’t have an issue with their products being mentioned in fiction, since it’s free publicity. Like you said, they’ll be admired and seen in a good light, so it’s highly doubtful they’d have a problem with it. Trademarked names can’t be used in titles though. I know one author had trouble using the word Jeep (the character’s nickname) in a title – ironically, there is nothing in Jeep’s trademark that it can’t be used for book titles – Amazon is the one that enforced the trademark though.
Hi Samantha, thank you for this excellent threat.
I have a question related to using a brand as the name of a character or location in a fictional work. Beyond use in a title (as specifically mentioned above with the Jeep example), are you aware of issues related to using brand names as names within a story?
An example might be a city called Rolex (where bad things happen) or a character named Saint Dior (who is evil).
Thank you for your insight!
I would avoid using any well-known brands as places or characters – that might open a can of worms you’re not ready for and some sites like Amazon and Apple may not let you list the book. There are numerous name generators for characters, towns/cities, businesses, and fantasy worlds, just do an internet search for them.
thread** 🙂
Yes, probably good advice just to avoid any potential conflict. Thanks!
Can I list names of songs and the artist but no lyrics? Also, can I list just the names of books and movies in my books?
One can’t copyright a title of a book, film, album, song, or television series. One may, however, on specific occasions be able to trademark a title of a movie or a television project (such as a Disney movie or the Hunger Games).
You can use song titles and the artist’s name, as long as they’re not used derogatory way. Many authors mention song titles in their books and may even include a Play List for the readers. These are songs that have inspired the story or are theme related to the story.
Hi!
I’m writing about drivers who work for a fictionalized private cab (car) service. In my research, I found a old profile/article on car services, where their drivers are assigned and referred to by three digit numbers (“413”, “818”) vs. names (akin to a call sign). Can I use this setup (three digit call signs, using like-numbers) for my story? Entirely different premise than the article I read for research and no actual names from the article are used — just the “digits”.
Thanks so much for your advice!
Absolutely you can do that. It’s a common practice for cabs, limos, buses, ambulances, and police vehicles to be referred to as numbers.
HI!!
I’m writing my first ever book and I’m kind of lost in some places and this article was a lot of help! The one thing I’m still kind of stuck on is whether or not I could use area 51 in my book. I don’t think that I’m painting anyone in a bad light as I’m making up a lot of it, but I’m not really sure since area 51 is so… secretive.
Thank you!
Area 51 is a well-known (even though it’s secretive) place and not privately owned. Many fictional books, movies, and TV shows have used it. You’ll have no problem with it.
Can you use the names of Ivy League schools, West Point, Annapolis, etc?
I’m considering sending my character to the university of Norte Dame with fictional names of the buildings and clergymen, one of them would be the Head of the Psychology Department however the debate is that the character is extremely smart. So I thought maybe south bend or MIT or both,
As long as you don’t paint the school in a bad light, you can use them.
Hi Samantha!
I have a really specific question about this, not sure if you’ll be able to help, but I really hope you can!
I want to write a fiction novel heavily inspired by 2 (still currently living ) celebrities.
I would change the names, characteristics, and some of the details. But all the “big” plot lines would stay same.
If someone who was a big fan of this band read the book, I know they’d be able to identify who is who.
It would be about how 2 members of a band (that is relatively known), and how they fell in love. Their relationship is one of the most beautiful things I’ve ever seen, it literally sounds like something you’d only find in a romance novel, not real life, and I thought this would make a great book.
It wouldn’t be done in a way that portrays the main people in a bad light, trying to keep the things they’ve talked about publicly the same, but just filling in all the gaps, the 90% we don’t know.
And yes, I could write a fanfiction about those events, filling in the details I could only guess at, but I want people who have never heard of this band (and wouldn’t know reading it, unless told) to know their absolutely amazing and beautiful love story that took decades to unfold. A story more people than just the ones who follow the band closely, get to revel in.
Again, all names and characteristics would be changed, but the main details of what happened wouldn’t for the most part.
Help? I think it’d be ok, it’s just with some of the details, people who love that band would be able to instantly tell who “inspired it”, and it would then likely get to the people who it’s about, and they could think it’s an invasion of privacy or something to write about their love lives.
I just want to write this so bad, but not waste my time if there’s a good chance I’d get sued by one of the people.
Like, if you met a couple and they told you the hour long story of how they met and how they fell in love, and you took all that and then filled in all the details (like the conversations and smaller events and moments other then the big ones), could they sue and say you stole their love story? Even if you have a disclaimer?
Most fictional authors find inspiration from real life. You’re taking a step in the right direction by changing names and details, but you may want to go further and change more of the details so that it’s not so obvious who you’re writing about. A disclaimer is always recommended on a copyright page that the characters and places in the story are fictional and not based on any real person/place. However, refer to this article as why it’s best not to be so obvious with your characters and the people who inspired them. https://www.theguardian.com/film/2014/may/14/scarlett-johansson-sues-french-author
Hey
I was just wondering after coming across this page regarding a broad array of possible infringement in a certain light Novel ‘I am Really a Superstar’
So the MC basically goes to an alternate earth with major changes to art, media, science, math
and basically copy pastes stuff like Wizard of oz, many famous poems, and TV Shows(Talk shows, Got Talent, Voice, Man vs Wild, etc.
He even added the lyrics for Let It Go, near the end before the novel getting banned.
As far as I know it banned for conflict with SARFT cause of him showing them in a bad light.
But how did he got away with all that…he was giving credits where they were due, in the form of footnotes as well as in the story…….This still doesn’t make sense for him to get away with all that
Sorry for the rant,
TLDR: How did I am really a superstar avoided issues of copyright? It can’t be that he got permission from all of them
There’s a difference between using other works for fiction and non-fiction (with credit). I’m not familiar with the book, but based on your explanation, it was a fiction book. That’s not allowed. Usually, works like that get uploaded for sale, but it’s not until people start reporting it that the book will be removed for copyright infringements.
Hello Samantha!
I’m working on a fictional story about a boy band and I’ve had my heart set on naming them Nitro, which is the name of a real-life heavy metal band. They even have a Wikipedia page. 🙂 Even though the angle will be positive towards this fictional band, should I just swap the name to avoid issue?
Thank you so much!
I always go nuts trying to name fictional bands. I wouldn’t use it, especially if they have a following. However, you could play around with some adjectives or something to make it similar but different. There are also “band name generators” on the internet that let you enter keywords, and they generate some random options for you. Just google them. Some are better than others.
My former publisher still holds rights to a novel I wrote that they published in 2006. Because of digital rights, the book will likely never go “out of print” although there are likely very few print copies left anywhere. Can I use the same characters I created for that novel in a new novel I’m writing or would that be considered contract violation?
You would have to check your contract with them. I would advise consulting with a literary attorney.
Thanks for the reply. I will do that. I posted because just wondered if there was perhaps an industry/legal standard about who owned characters as opposed to stories, and as I’ve never considered using my characters in another story before, I had no experience with it. All Best, M
Hi, I’ve skimmed over past comments, they have been very helpful . I am planning to write a book which bases in a university. Is popular universities such as Harvard University allowed to be used in books as main places the characters go to?
If you just want to mention that the character is going there or graduated from there, that’s fine. But if you’re basing the entire story there, then I would create a fictional Ivy League university.
Hi. I have a question I’m not sure you can help with.
I’m writing about a business’ well known activities in a certain area. I am fictionalizing the company name, but setting it in the state. How detailed can I be about the nearby areas without causing a problem? Should I just make it up and give maybe the area the activity is in, like the northeast side of the state?
I would appreciate your answer, if you can. Thanks.
Hi, Kim – Personally, I would create fictional names for the town and surrounding areas for several reasons. First, it will keep you from being sued or harassed for any similarities that are painted in a negative light. Second, if you get anything wrong or adjust things to suit the story, some readers get annoyed when they know the area in question and will call you out for not doing proper research. Third, it’s far easier to create a town/section of a city to suit your own needs for the story, than trying to fit the story into a real area.
Hope that helps!
Hi Samantha,
Great site, just came across it this evening. Question – I just finished an AI-generated photojournalistic book based on the 1969 Woodstock concert. I even named the sub-title, “A Photojournalistic Trip into the Impact of the Legendary Music Festival As Seen Through the Lens of Artificial Intelligence.” So, I’m right up front very transparent about it being a fictional work. In both the Introduction and the Forward, I mention how AI was used to create all the text and images.
The [AI] author and storyteller (via her journal entries) is an 18-year-old amateur photographer who attended the concert and captured the experiences of 16 AI-generated hippies who also attended – all have only first names (Katie, Mark, Maggie, etc.), even the AI author only has a first name.
I tried to be as careful and respectful as possible:
• No song lyrics mentioned.
• The official Woodstock logo/trademark is never used.
• No real human photos were used as prompts for images – only word prompts like, “tall hippie boy with a dog”, “two hippie sisters playing in the mud”, etc.
• No likenesses to any musicians were used. The only mentions of real musicians are, for example, “Jefferson Airplane was the last band to play on Day 2 of Woodstock.” I fact checked anything that was referenced to the real concert.
• I have the ‘work of fiction’ disclaimer on the second page.
• Everything about the book places Woodstock in a great light.
Do you see any issues with using the Woodstock concert by name as the core event where all these fictitious characters are describing their positive experiences?
Thanks!
I see major issues with this, mainly because of the AI generated images and text. Unless you have the rights to the images that were used by the program that generated the AI images, you’ll have several problems.
1) If a photographer can prove that part of your image is from their copyrighted image, they can sue you.
2) As per the Supreme Court, you can’t copyright those images, therefore, you may not be able to file a copyright for the book itself.
3) Many AI images are still easy to spot based on oddities. If these are spotted in your images, the readers may mention them in their reviews.
4) If your text was taken from copyrighted books and articles written about Woodstock, which based on your description I’m going to assume it was, then again, you’re subject to a lawsuit by the original authors.
5) Despite your transparency, which in this case I agree with, you may have a lot of readers decline to purchase the book. Right now, there is a HUGE chasm between people who support the use of AI for images and writing and those who despise it and refuse to knowingly read anything created with AI.
6) “Woodstock” is trademarked by Woodstock Ventures LC. So you’ll have to research (I advise checking with a trademark/copyright attorney) whether any part of your book infringes on that trademark.
Thanks Samantha!
Quick follow-up question – I agree, and I fully expect the chasm to pretty much always be there until AI becomes more mainstream, then I expect the interested audience to grow.
But from a copyright perspective, what if, like I believe you mentioned in one of your other replies, I offered the book for free as simply a portfolio builder – so maybe offer it as a download on my website for anyone who wants to see an example of AI-generated literature.
I would not try to copyright anything within the book, just offer it as a free download.
Thanks!
You may still run into issues, especially with the images. There have been successful lawsuits in the past against people using copyrighted images without permission on their websites and blogs. I know of one blogger who was sued (and lost) several years ago because she used an picture of an apple that she found by googling images. So again, if a photographer can prove that their copyrighted image was used to create your AI-generated ones, they can and probably will file a lawsuit. It doesn’t matter if you’re selling the book or offering it for free, you still can’t use them. For the text, even though it’s labeled as fiction, if any of your text generated by the AI comes up as something that appears to be plagiarized from another article or book, again, you may be facing a lawsuit. While you’re being transparent about using AI, there are still issues. I don’t want to hear you got sued, so my advice is to consult with a trademark/copyright lawyer. Just because AI is available for anyone to use, the laws are still catching up. What you might be able to get away with now may change in the coming months/years.
Thanks so much, appreciate the insight.
Hello! I see you have commented on, some of the type of questions I have earlier. Just seeking an answer for my exact situation. I’m writing a fictional novel that takes place in the early 1990s in Los Angeles.
Can I write something like this ~ “They really enjoyed watching Law and Order together, every Tuesday night.”? OR “He ordered a rum and coke.”? Can I use TV show names and product names?
Also, you have previously mentioned, we should not use Disney. What about just a simple ~ “That next week, he took me to Disneyland. We had such a good time!”? Or should I make up an Amusement Park name and not mention Disney at all?
One more- How about historical events? My story is fictional. The male character is a Cop in LA, in 1991. So, I feel compelled to include the subject of Rodney King and the differing opinions surrounding that event. Is that allowed since it was a factual event or would that be infringing on the King’s family ownership or the LAPD?
TV shows and movies can be mentioned without an issue. Brand names like Coke can be used as long as you don’t paint them in a negative light. Some authors lists the actual brands in the story at the beginning or end of the book, just to acknowledge their trademarks. As for Disney, you can say that they took a trip to Disneyland, but you can’t base the story there or use any of their characters as part of your story. You can mention they saw an actress playing Cinderella, or an actor playing Darth Vader, but anything beyond that, such as interacting with those characters, may cause an issue with Disney. They’re very protective of their brand but mere positive mentions of Disney World or Disneyland is free advertising for them, so they most likely would never complain about that. As for Rodney King, that is considered a historical incident in the history of California and LAPD and is widely recognized. You can mention the incident and the controversy surrounding it and the fallout. Just make sure you keep the facts accurate.
could i put a old closed theme park in my indie horror novel?
https://en.wikipedia.org/wiki/Belmont_Park,_Montreal
it’s for a section in 1958 where *SPOLIERS* and then *MORE SPOILERS*
Since it’s now defunct, I don’t think you’d have a problem with it. That being said, I personally would rename it while using the park as inspiration for a fictional one. That way you can create it to fit your needs.
Samantha,
I just want to thank you for this site and for your incredibly insightful and professional advice to those who have written questions. Due to those questions and your responses, all my questions have been answered.
So thank you 🙂
You’re welcome!
Hi Samantha,
I am writing a novel that jumps through time from BC to the future- it’s a sci fi spoof.
It uses historical events but rewrites them. I have a scene which occurs in 1970 at the old McDonalds headquarters in Illinois with a fictional McDonald’s CEO – he only has a couple of lines of dialogue and it is clear that the situation is not reality. Will that cause problems?
Cheers
As long as there is no defamation or derogatory statements about them, you shouldn’t have an issue.
I am writing a young adult novel that involves one of the California Missions. Can I use that name and location or should I make up another name and location? I’ve researched the Mission and its history, and I’d like to be able to include that.
Thanks for your wonderful comments and replies!
They’re historical landmarks, so using them shouldn’t be an issue. Just avoid using images of the individual seals on any graphics/covers as they’re probably trademarked.
Hello! Just read your article and I feel really relieved. But I still have a doubt.
I came across an article related to a prisoner, friendly jails and small towns.
So if I am to write a fictional story inspired by this, can i create my own jail in that place, or, am I allowed to write the name of the place and jail that exist in reality?
Because jails and stuff are usually sensitive places.
Waiting for your positive response! ^_^
Hi – For smaller towns, businesses, etc., I tend to create fictional ones for three reasons. One, I won’t run into any issues with whoever owns the business. Two, I can describe it to suit the story. Three, I won’t have readers calling me out on any mistakes made about the place. I would create a fictional prison/jail/town unless it’s a historical place that is well known but then you have to do your research to get the details correct.
Samantha,
In a fictional children’s book that takes place in NY, can the character have on a Yankees shirt in one scene?
Go Yankees! LOL – I live in NY. Anyway, as long as you don’t have the kid being ridiculed for wearing it, you won’t have a problem. However, if this is an illustrated book, the NY Yankees’ logo is trademarked and can’t be used without their permission.
Thank you! I needed to know that.
If my children’s book takes places in NYC, can I have the names of stores, restaurants, etc in the illustrations? Everything is very positive!! I ❤️ NY
Joy
Hello!
RL Stine uses so many brand names like Nike, Reebok, Nintendo, Game Boy, as well as movie names and other pop culture references. What’s the legality of saying something like, “She kept her Nintendo Switch in a Louis Vuitton bag” etc?
Is Nintendo as litigious as I hear they’ve become lately? What company names should I avoid at all costs? And are famous authors given a pass because it gives those companies exposure, whereas if we do it we could be easy targets?
You have to use caution when including trademarked brand names in your books. Most companies see it as free publicity as long as the products aren’t used in a negative light. I’m not aware of Nintendo’s policy, but Disney is known to sue people for trademark infringement. That being said, they’re unlikely to go after an author for mentioning that their characters took a trip to Disney World. If you’re unsure of the legalities, please consult a literary attorney.
Hi, your article was really useful as a first time writer whos worried about the copyright side of writing. Though, I was wondering if ‘d be able to mention my fictional character plays for a real professional sports team? And if so would I be able to use the actually players on the team or would I have to make up teammates as well? I’d also like to know if I’d be able to mention a real well known athlete and their team , I wouldn’t be using them as like a character in the book but more so mentioning them and having them be the main characters inspiration.
No! Do not use a real team unless you’re saying that a character is going to their game. If your character is playing for the team, create a fictional one with fictional characters. Look at the sports genre or romance sports genre. Authors create fictional teams all the time. The real teams are trademarked and you can get in trouble for using them and real-life players.
Hello! I’d like to first thank you for this post it’s very useful and answered a lot of questions I have. I’m sure at least a few people have asked this question or something similar but there’s a lot of comments to look through so sorry if its a repeat.
I was wondering I’d be able to have my fictional character play for an actual professional team? I wouldn’t be portraying the team badly or anything like that but just simply having them play for the team. And although they will hardly be mentioned if I am able to use an actual team would I also be able to use the players for that team as well or would I have to make up my own? Again I wouldn’t be portraying them in any bad way.
Ironically, this question was asked by you and another person within an hour of each other lol. Here’s my answer again. No! Do not use a real team unless you’re saying that a character is going to their game. If your character is playing for the team, create a fictional one with fictional characters. Look at the sports genre or romance sports genre. Authors create fictional teams all the time. The real teams are trademarked and you can get in trouble for using them and real-life players.
How funny! Thank you for answering and clearing things up!
Can I mention video games by name and other information such as a type of character from the game in my novel? Do I need to give credit to the company that owns said online game?
Characters and games are trademarked. I wouldn’t go further than saying your character was playing (game title). Most companies would consider that free promotion. But going further than that might get you into trouble with them.
Are you allowed to use the definitions and connections of symbols as defined in a handbook that is meant to teach the subject?
Thanks in advance!
For definitions, you would need to give credit in a bibliography. For symbols, you’d have to get permission from the person who created them for a website or another book, have someone recreate them yourself, or purchase them from a site that sells them for that use.
Finding this site has been very useful to me, as I am trying to help out a new author by reading his work of fiction before it goes to print. The book has various settings from Washington DC to mid-size towns in various states. I have been getting caught up with trying to make sure all of the locations, street names, businesses, etc. are accurate. (I am finding it is a mix of real and fictionalized.) He didn’t ask me to do this, but I am a detail-oriented, research-y person, and I wanted to make sure everything was accurate, b/c these are places people know. From reading your comments; however, it sounds like that is not necessary since it is fiction. I see the benefits of fictionalizing school names, businesses, etc. in real cities & towns! It definitely releases me of all my fact-checking. I also see the legal benefits!
Here are some questions I have, though. You said that real entities like NASA, FBI, NYPD etc. can be referenced without issue. I saw a question where someone asked about potential issues with writing about fictionalized dirty cops and you said that is fine as long as the names and likeness cannot be tied to real persons. So is it fine if a police character is identified as being from a real police dept., but that fictionalized police officer likes to bet on sports and occasionally snorts drugs?
There are some scandals that take place that involve fictionalized characters in a different real police department, a real public school, a real town council, etc. I will definitely recommend that he change the name of the school, bc some negative activity takes place there, that the real school would not relish. I am wondering about the other two entities. Even though he uses the name of an actual town, (and I understand why he wants to do that), should he alter the name of the police department even though the “dirty cop” characters are fictionalized?
Finally, part of the story involves an actual native American tribe and its history in the area. I know this is a tricky topic. All references are positive. After reading your recommendations, I am wondering if he should change the name of the tribe in the book, even though anyone familiar with the area will know to which real-life tribe the author is referring. Thanks in advance for your guidance on these points.
Hi! Let me go through the questions one by one.
For the cities and towns, I prefer to make up my own street name that doesn’t exist in them, so I can write it to suit my needs. I may use a section of the city, such as Chinatown, Harlem, or near Times Square in NYC, but the street and businesses are fictional. Public/government-owned/historical places are never really an issue as long as the descriptions are accurate. I’ve seen reviews where readers were not happy that the author didn’t research the site well and there were a lot of inaccuracies. Sometimes, the author can get away with putting a note at the front of the book stating liberties were taken for creative reasons. However, privately-owned places, such as Disney or Graceland, can be an issue if used for anything other than saying a character visited them.
Using real police or fire departments or government agencies in fiction, TV, and movies happens all the time, including having dirty cops, firemen, or agents. For example – Law & Order or Chicago Police or Chicago Fire. However, all character names should be fictional. I’ve also made up different precincts that don’t exist so as to not damage any precinct’s reputation. For anything smaller than a big, well-known city, I would make up the names of towns, unless it’s just a passing mention that a character lives there. Law & Order uses a lot of our real suburb names in the different shows, but it’s usually to state that’s where a witness or a suspect lives and the detectives go there for interviews.
Definitely change the name of any schools that might be negatively impacted by the story. Again, for the town council, small/medium town, use a fictional name for it.
For the Native American tribe. You’re correct that this can be tricky. There are numerous author groups on Facebook and some that have diversity editors or consultants. I suggest he find someone with knowledge of the tribe he’s referencing to make sure there is nothing that is inadvertently controversial or derogatory. He can always create a fictional tribe, combining attributes of real ones.
Hello! I want to write a motivational book with the title “How to learn from Spiderman to be a winner”. The book only contains motivational advice, like: just as Spiderman fought hard against all obstacles and with a lot of willpower overcame them, you can be a fighter with the same mental strength that Spiderman had, etc. If this book is for sale, do I have to ask permission from the people who produced the Spiderman movie in order to sell the book? What if the book is offered for free? What if this book is already published and offered for sale, but I haven’t yet asked permission from the people who produced the Spiderman movie? Thank you!
Hi, Mark.
Spiderman is trademarked by Marvel and you absolutely can NOT use the name or any likeness without their permission, and it’s highly unlikely they will grant that. You can not sell the book or give it away for free. If Marvel comes across your books, at the very least, the sale sites will remove it under trademark infringement and you can lose your account with that seller. At the most, you can be sued by Marvel. Any character that is trademarked, which most are, can not be used without permission from whoever owns it. The most you can do in a book is mention that your characters went to see the latest Spiderman movie or a character is a fan of Spiderman – that’s it.
Thanks for the reply! But in the case of the Terminator, is the answer the same?
Yes, it’s trademarked by StudioCanal. All well-known characters are trademarked. Just put the character name into an internet search with the word “trademark” and it will tell you who owns it.
Hi Samantha!
Thank you for writing this helpful post! You’ve answered a few questions I’ve had.
I’m attempting to write my first novel (yikes!) and I’m learning as I go. There is one question that has been nagging me and I’m hoping you can give me some advice.
The main character is in the USAF and he has some run-ins with some not so nice fellow officers (and the bad guy(s) are going to be in the Air Force too). Is this okay, or will I offend someone or get in trouble with the AF? I’m not bashing the AF, there are just some bad eggs in it (in my story). And every character I’m using is completely made up and the crimes that take place in the novel, take place in fictional locations (the only real Air Force base that is mentioned is Ramstein, and the main character gets transferred from here in the first chapter).
Also, I know that veterans and avid military genre book readers love authenticity, but for the purposes of my story (which takes place in modern times, but a fictionalized version), I need to take some creative license with some things related to the Air Force. For example, I’ve made up a junior academy that is affiliated with the real Air Force Academy and some of the aspects of a court martial that are part of the plot. I did do some research, but I don’t think I can be 100% accurate (i.e. getting bogged down in details) and keep the plot moving. Is it okay to use creative license if I place a disclaimer in the beginning, or am I going to inadvertently offend some people?
Thank you for your time and any advise you can give me. 🙂
Writing about bad eggs in the military or law enforcement is common and won’t get you into trouble as long as you use fictional names and put the standard disclaimer on your copyright page that everything in the book is fiction. For the creative license, just put another disclaimer right before chapter 1 and at the end stating that you used creative license for the sake of the story.
This is one author note I have in one of my books:
Any information regarding persons or places has been used with creative literary license so there may be discrepancies between fiction and reality. The military missions and personal qualities of the members of the individual armed forces within have been created to enhance the story and, again, may be exaggerated and not coincide with reality.
And this is another:
Liberties were taken regarding the town of Ouray, Colorado, the surrounding mountains, points of interest, and topography for the sake of the story. Any discrepancies are intentional.
Hi Samantha!
Thank you for getting back to me and for your very helpful advice. This takes away some of the worry that I had, and gives me an idea of how to word my disclaimer.
Once again, a big thank you! 🙂
You’re welcome! Good luck!
I have a combination of comic book ending and text book only book. In the comic book I used an image of Oprah Winfrey interviewing Barack Obama sitting by the fireplace. The illustrator did this with Oprah’s image interviewing a character in my book sitting by the fireplace. Is that legal?
That’s a copyright infringement of the original photographer’s photo (or videographer if it came from a video interview). Oprah’s name is also trademarked, so using her that way in your book can result in you being sued. It’s one thing to mention that a character is a fan of Oprah or her show, it’s completely different to use her as an actual character in your book. I would consult a literary attorney before publishing your book.
Hi there. Thanks for all your great advice! I’m thinking of using three words from a popular poem as a novel title. Does this violate copyright law? E.g. Chinua Achebe titled “Things Fall Apart” from Yeats’s poem “The Second Coming.” Would this require permission or are three words in a poem allowed under fair use? Thanks!
Three words that are common and spoken by people every day won’t be an issue.
Thank you!
So song titles are okay to use and lyrics are not, but what about the song as a whole? I’m working on a novel inspired by a famous song. The song has multiple interpretations and even the band refuse to confirm which is true, if any. But I’m using elements of the song to structure the plot of this novel. I change a lot and am only inspired but I worry that it’s too close/similar.
Say, for example, the song was Minnie the Moocher. My novel could begin with a rough and tough prostitute in the 1930s who has a heart of gold, falling for a drug dealer, who takes her to Chinatown and gets her addicted to opium. While drugged out she has a weird dream of riches and the aristocracy. She gets sent to a sanitarium and there she dies.
Names, locations and more are changed but the novel plot roughly resembles the storyline of the song.
Am I explaining that well enough? Sorry if I’m not.
But would that be breaking copyright laws?
There are many books and movies inspired by songs, and vice versa. You just can’t quote the lyrics.
Sure, but it still seems similar to me and that’s a worry.
Okay, let’s see if I can explain this better.
There’s the dream line in Minnie the Moocher that goes: “she had a dream about the king of Sweden… he gave a diamond car with big platinum wheels…”
Then say I write a whole scene in which my character, Betty, has a dream in which she falls in love with the king of Norway and he gives her a wedding gift of a car encrusted with diamonds and the hubcaps were cast from the purest platinum… or something like that.
See my concern? It’s different, sure, expanded upon and changed. And I’m. It quoting the lyrics directly. But it’s still very similar, it’s just one scene (add in all the other similar scenes and the pattern emerges) and I’m using the lyrics in a way, indirectly.
So is that legal? Or not? Or too close to call?
As long as you’re not using the lyrics word for word, and you’re putting a bunch of other words in with the narrative/dialogue, it’s not an issue. But if you’re still concerned, consult a copyright attorney.
For example (using what you wrote): Betty couldn’t believe what her new husband gave her as a wedding gift. She’d never seen anything like it! A brand new BMW XM, encrusted with thousands of diamonds. As she walked around the vehicle, gaping, the king explained some of the features, “It’s got platinum hubcaps, seats made of the finest leather, . . . . . . . . . .”
Okay, thanks ever so much!
Is it ok to use the name of a real place of business in a real city as long as I don’t disparage the business?
Thank you.
Yes and no. If the name is trademarked/copyrighted for any use without permission, then you can’t (check what the trademarks/copyrights cover – they may be specific or broad). If it’s a well-known landmark/business and you’re just mentioning it, such as – They went shopping at FAO Schwartz – then you won’t have an issue. If you’re basing the story as taking place in the business, then rename it. You can use the business as inspiration, but you’re better off giving it another name if your character is working there or anything similar.
Can a speech given by a politician such as a Senator while in session, be used in whole or only in part (in a true-to-life fictional story)?
Most speeches (political or otherwise) have been written or recorded beforehand. Therefore, they are copyrighted, and you would need permission to use them or parts of them. For example, Martin Luther King’s “I have a dream . . .” speech is owned by his family, and to use it in any work, you would have to get permission from them.
Hi,
I know this question has been asked a few times but the last specific usage I saw you mention, you were waiting to hear back. Sorry if you’re doing repeats!
I want to describe my character’s cars. Can I use Kia Rio, Corolla with a massively dented door (if I then go on to explain she was subject to a hit and run), or old and dirty Jeep Cherokee? (The character was otherwise clean, but he kept his car nasty)
Or should I stick to hatchback, sedan and SUV?
In this case, I would keep it to the description – sedan, SUV, etc., unless it’s vital to the story, such as a suspect was driving a certain vehicle during the commission of a crime.
Thanks. I’m going to go generic for that.
How about this one: I have a little child who has seen Disney’s movie Brave and compares a neighbor to looking like Merida because of her crazy red hair. How would you rephrase this line?
“I like her hair. She looks like the princess from Brave.” I thought about calling her a cartoon princess but I don’t think kids today use the word cartoon. kids would absolutely make the Disney reference
Great website. I’m writing a fictional story in Scotland. One of the characters attends a real university with a real specialized course. Do I need to get permission to use their name and course? Another character loves a real local soccer team and he eventually works for them. Do I also need their permission?
Sorry! I just saw this. I wouldn’t use the real university name – most are trademarked. Create a fictional one. You can still base your description on the real one. Unless the course title is trademarked/copyrighted, I doubt you’ll have an issue. For the soccer team, definitely make up a name. Most team names are trademarked. If you’re just mentioning that your character went to a game, then you wouldn’t have an issue, but basing part of your story on the character’s job with the team has a chance of you getting a cease and desist letter from the real team.
I don’t necessarily want to use names from a video game, but the player names that other players in that game world chose is what I wanted to use as characters in my book. The scenarios and stories in the book are unrelated to the game and fictional.
I would avoid using someone’s game world name in your book if it’s very unusual unless you have their written permission.
Hi, I am currently writing a children’s picture book and I have one of the characters saying this
popular phrase… ”A wise person once said, Its always nice to feel important, but its always important to be nice”
is this allowed?
Thanks in advance
Sorry I just saw this. The phrase is similar to “It is nice to be important, but more important to be nice.” It’s been attributed to the renowned investor and philanthropist John Templeton. I would either give him credit or rephrase it.
I am writing a novel located in a small town, in a small county in North Carolina. I am using the actual name of the towns and the county. The evil doer in the story is a mining company committing a murder. I am not using the actual name of the mining company. I have made up a fictitious name for the company. I note in the story that there is only one mining company, where in fact, in reality, there are two mining companies actually operating in this county. This is the heart of the story. Am I risking a lawsuit from either of the two actual mining companies? I know that anyone can sue for any reason, but seriously what is my risk here?
It’s doubtful based on what you described that you’d be sued, however, I strongly recommend creating a fictional town. I prefer that for my small town books for a few reasons. 1) I can create/describe it to fit my needs. 2) Anyone familiar with the real town may take issue with any descriptive errors, whether intentional or not. I saw one review for another author’s book where she used a real town and the reader complained that the author got the distance wrong to a nearby major city. You can use the real town as your basis, but come up with a different name. I usually look up small towns in other states for name ideas and then do a search for that name in the state my book is set in.
I am writing a story based off the elements of the 1800s with hierarchy being upper class, middle, working and underclass, but in a modern timeline. I want to use New York, and other states, cities, countries and unoccupied mansions as the houses for fictional characters, but i am also fine with creating a location and mansion different than what truly exists.I may also want to use references and brands that exist in modern time (would it be defamation if my fictional characters expressed a negative or positive opinion on brands and movies?). I want to makes sure i am well educated on the history, and legalities.
Sorry, I thought I replied to this but it didn’t go through. I would use fictional mansions so there will be no issues with the current owners and you can create them to suit the needs of the story. I would definitely avoid negative opinions of brands – instead create your own brand name and say it’s famous. Readers have no issues with fake brands, team names, public building names etc. Opinions of movies won’t be an issue since they are critiqued all the time (think Rotten Tomatoes lol).
Hi Samantha,
You are awesome, thank you for all of this advice! I am writing a “small town” compilation of short stories featuring legends, lore, wild and strange stories. I will interview friends and townspeople. I do not plan to mention their names. My question is, what if the person I am interviewing messes up the story and I do not realize it, and then I get a lot of backlash saying the stories are untrue? I assume just saying “stories are based on the interviewees’ recollections”? would suffice?
I think you should be fine with that disclaimer. I also wouldn’t rely on just one person’s response. Ask the same questions to several people. Obviously there will be some discrepancies since everyone recalls things differently. However, it’s common for legends and folklore to change through the generations, but the main concept usually stays the same.
Hi, great website, very helpful. I have several questions. I’m wanting to write a book where the fmc is a teenage pop star who falls in love with a member of a extremely popular boy band. I would change all names including the band’s name. They would be portrayed in a positive light. I would not use any of their song titles or parts of their lyrics, everything would be fictional. Although I would change everything people would more than likely know who I’m writing about. Can I still do this?
I want the book to take place in a fictional town several hours outside of NYC. Also I want to use NYC and L.A. for part of the book. However, I am not familiar with either city. Will you please advise me on how to include those two places? Thanks so much!
Ruth Henson
There are dozens of books with the trope you described. As long as there is no connection to the real people (name, description, title, quotes, real life events that are identifiable, etc), you’ll be fine. Just note that an author was recently called out by the book community for trying to capitalize on the Taylor Swift and Travis Kelce romance, using quotes from his podcast, an image that looked very close to Taylor on the cover and more. Another author was sued by actress Scarlett Johansson for using her name and description combined with fictional events.
As for NYC and L.A., my suggestion is to research the cities and venues you want to use. If you need something you can’t find, then create it. I live outside of NYC and often use fictional street names, businesses, and venues, and set them in general areas like, Greenwich Village, Chinatown, Harlem, The Bronx, etc., so I can write them to my needs. This way, no one can complain about inaccuracies. A lot of authors do this as well. When it comes to smaller towns, I always create fictional ones so I can suit them to my needs.
Thanks so much! That was very helpful. If you don’t mind, I have a few more questions.
1. If I change everything about the real people, could I at least keep their nationality real. They are from Britain. Would I have to change that?
2. If I wanted to have them play at Madison Square Garden, would I have to change the name? If so, would, The Garden work? Same question for The Kia Forum in L.A.
Thanks again! This is the most helpful website I’ve seen. I really appreciate you taking the time to do this!
Hi
I’m writing a novel in which I intend to use the lyrics of a song of Frank Sinatra : strangers in the night with some modifications , I mean by changing some words to meet the novel scene needs .
would that be all right legally speaking ?
Thanks
You have to be very careful when using lyrics of any kind. Titles are not copyrighted/trademarked, but lyrics are copyrighted. You can say something like – Harry hummed (or sang) Strangers in the Night. You might be able to get away with some modifications, but only with short lines. This is one that I put in a book. The song is God Bless the Broken Road, and the actual lyric is “God bless the broken road that led me straight to you.”
My reference – She was the woman his heart had been searching for, and if any of those other relationships had worked out, he wouldn’t be standing here next to his destiny. A line from one of his brother’s country songs came to mind—something about God blessing a broken road leading him to this point and to her—and he knew it would be his mantra to her for the rest of his life.
Anything more than that, you may run into issues. If you’re still concerned, I would consult a literary attorney about the specific scenes.
Thank you Samantha for your reply
well to give you a closer look . It’s a low fantasy novel and the scene
is about an insect trying to suck a man’s blood while he’s asleep
so while flying over his head , it looks down at his fleshy cheek and says :
wow so lovely and nice cheek really inviting as Frank Sinatra says …Oh !
something in your eyes is so inviting , something in your cheek is so exciting , something in your sleep is so relaxing ….strangers in the night exchanging glances , wondering in the night what were the chances ….
What do you think Samantha
Thanks
Thanks you for all this very helpful information. I am writing a fictional historical cozy mystery using my town as the setting and would like to use some of the local privately owned businesses- I am subtly changing the business names. Example- a winery I would change the name to Gold Anchor Winery BUT, can I still use the REAL name of one of their wines???? For example (and I’m making up a name here), if their wine is called Abraham Lincoln Honest Merlot. (They have a wine named after a revolutionary war soldier and I would like to use that as part of my story. …. Or do I need to change the wine name, as well?
Without permission from the business, you can run into trouble even if you’re tweaking the business name a little. Some businesses may even hold a trademark for the name. I wouldn’t use the real names of the wines unless it’s just in passing – like a character orders a specific brand of wine or alcohol and it holds no bearing on the actual story. If the brands are a bigger part of the story, I would make up your own brand names or you could ask the winery if you can use their wine names (get it in writing if they say yes) as it would be free promotion for them.
Hey there. How you doing?
I am writing a book about the Flying Scotsman stopping a runaway train. I was curious if I can use the Flying Scotsman. It IS owned by the National Railway Museum and operated and maintained by Riley & Son (E) Ltd. There are also other books written about Flying Scotsman. I still had my doubts though as she would be going 110 mph, something she never done IRL. She also will stop a runaway train and also nearly crash into Kings Cross station, both of which she’s never done IRL. Also, she’s the Flying Scotsman, the most famous engine in the world! I think I can still use it. I just want to check in on you about this to make sure. Thank you!😃😅
You would have to do a search to see if it’s been trademarked. I would contact the museum as they would probably know. That being said, since you’re taking creative license with the train’s ability, some reader might have an issue with that. Why not create a new “famous” train and use that? Since it’s fiction, you can make anything “famous”.
Thank you!
Hi there Samantha!
Really helpful and well-written article, I really appreciate you taking the time to write it, and also the ongoing dedication you show to the community by replying to the many comments you get YEARS after the article was written! Why can’t the world have more like you? 🙂
I have a question I want to ask and get your opinion on. I recently stumbled upon someone’s diary and I read it (I’m nosey, I can’t help it). It was FASCINATING, one of the most entertaining things I’ve read in a while. Not only was it interesting ah, but it touched on a lot of things that go on in some people’s minds that I genuinely think would be helpful to society to be exposed to, and realise that some men can behave and think in a certain way, and their justifications for doing so. It touches on a some topics that a lot of women could relate to. Honestly I truly believe it could open some eyes and start some important discussions, and get some well-need dialogues going, and would love to see it out there for a wider audience.
However the issue is that, as I said, it’s someone else’s diary. I understand this is vehemently not allowed, but everything has a work-around, right? Hypothetically speaking, suppose I was to change the names of everyone involved, change details such as his profession and place of habitation, change dates of events etc, add a legal disclaimer on the copyright page saying “this is all fictional and any similarities to real people, places and events is purely coincidental” etc etc, could it potentially be okay to go ahead and publish?
Hypothetically speaking, of course…
With all your changes and the disclaimer, you might be okay. Do you know who the diary belongs to? If it’s a relative, you should have ownership as a descendant. If not, I would reach out to the family if you can – it might take some research to find them. If not, I would consult a literary attorney to be on the safe side.
Hello Samantha,
All this info is fantastic and I have read every post here and learned a lot.
I am in the UK and I have a question about using real works of art in a historical novel. In my novel, recognisable works of art are made by fictional characters.
The characters are mostly composite figures made up of the lives and personalities of more than one artist. I have not used any real names. These are surrealist artists and the works are typically from the 1930s. All of the real-life artists are dead now, and my editor is confident that I have not defamed anyone.
My question is whether using the real works of art (and especially not connecting them to single characters who are exact real-life counterparts) could result in any legal challenges from their descendants or owners of their estates. For instance, I have a character who makes works of art by at least two different real-life artists.
I am going to include an Author’s Note to explain who created the actual works of art and precisely how my novel has fictionalised them.
Do you think I need a lawyer to look this over before I publish?
Many thanks if you can help.
You might have issues with their descendants, so I would definitely check with a literary attorney. The other problem you might run into is the confusion for the readers over why you’re taking famous art and attributing it to someone else.
Lots of good information here. I have a short scene in my draft novel where my two characters watch a movie. I mention the name of the film, the names of the film characters in the short scene, describe what’s taking place in my words and quote one short line. Do you think I need permission to do this?
Thanks,
Terry
As long as you’re giving full credit to the movie (using title, actors’, and characters’ names, and a limited quote) and not saying anything derogatory about it, there shouldn’t be any problem.
Hi Samantha, Thanks for the info!
I am writing my first ever book. It is a fantasy novel about very rare glowing foxes. I had recently done research to check if my idea had already been used, and I found out that during WWII, America had an unsuccessful plot to use glowing foxes against Japan. My story has nothing to do with this, and I found this out after I came up with the story. I’m just wondering if I can stick to my idea.
Thanks again for your help! 🙂
Absolutely! I can’t see any reason why you couldn’t do a story about them. They don’t seem to be trademarked or copyrighted by anyone for fiction, so you shouldn’t have a problem with them, especially since the concept was historic in some respects.
Similar question – I am writing a zine book about awesome restaurants throughout Arizona. I collect menus from these places and have added pictures of the menus and some of the plates.. is this legal?
Is it okay to write about movies in a book? For example,”What I learned about Christmas from the movies”. The book would discuss various Christmas movies (Christmas Carol, Christmas with the Kranks, etc…), and lessons to take away from them to use or not use in one’s own life. Would referring to movies, their characters, and lessons be legal?
Okay, this one has me a little stumped lol. I’m going to guess and say this would be a non-fiction book. The titles of movies aren’t copyrighted, although some may be trademarked like Disney films, Marvel and DC characters, etc. The same goes for book titles and song titles – they’re not copyrighted. There are some that are trademarked like Harry Potter, but that’s because it’s named after the character. You can do a Google search to find out if a movie is trademarked and what that includes and doesn’t include. Since your book is non-fiction and referencing the movie, characters, and lessons learned as a critique or evaluation of sorts, I don’t think you’ll have a problem. However, I would still suggest that you consult with a literary attorney. Since your question is pretty straightforward and would only need a short reply, you can probably get the advice for free from someone.
Good luck with the book – it sounds interesting.
Hii
The book I’m writing has one character that I want to make a small comment about a country that America hasn’t gotten along with that well by name. It won’t be a huge point in the story, but he is painting them in a bad lighting and accusing them of stuff. I could cut it out of the scene, but I really want to keep it. I just don’t know if it can get me in trouble.
Hi – Countries aren’t copyrighted or trademarked (their flags might be but not the names), so the only issue you may have is insulting someone from that country. Many authors, especially those who write suspense, thrillers, spies, etc., write other countries into their books and use them in a “bad light.”
I want to use the name of an actual mental hospital in the title of the third novel in my series as well as in the novel. 1) nothing happens that would reflect negatively on the hospital 2) it does show the variety (or limited variety in this hospitals case as they primarily treat one condition) of patients housed there 3) there is just a visitation to the hospital to meat a specific patient 4) I see where someone wrote a play and used the name of this hospital and there has been no backlash. The hospital is aware the playwright used their name, because they (the hospital) made humorous comments on it in an article.
As long as the hospital’s name is not trademarked, you shouldn’t have any issues, especially since there is a precedent set with the play.
How would I know if the name of a hospital was “trademarked”??
https://www.uspto.gov/trademarks/search
Thank you for such an informative article. I’d like to know if you can help answer my question, I would be very grateful for your advice. My question is: I have a 3-word book title for a fiction romance to which I’ve researched and don’t see a copyright or trademark being filed, however, there are 2 Youtube channels that have the same name, and one book on Amazon with the same name on Amazon, can I still use this title or best to avoid it?
Book titles and YouTube channel titles can’t be copyrighted. Same with song, movie, and TV show titles. However, they can be trademarked, but most aren’t. If there is no trademark, you can use it. If there is a trademark, read through the filing to see what it covers. If it doesn’t specifically say that it covers book titles (and fiction and non-fiction can be separate), then you can use it.
As for the other book on Amazon, there are thousands of book titles that have multiple listings, some with dozens. Unless it’s a unique title (like Harry Potter or Sherlock Holmes which are named after the character), then you won’t have any issues.
Hey!
Absolutely loved this article, it helped a lot!
Am I crossing a line if I use real mafia/gang names in my novel.
I was thinking it would keep certain feeling of realism.
I would absolutely NOT use any real mafia/gang names. They obviously can’t be copyrighted or trademarked, but I would fear retaliation in anything from being targeted by a negative review campaign, to being hacked, to actual physical harm. I suggest you use fictional names.
Correction – they can be trademarked. Hells Angels is trademarked. But even if it wasn’t, I would still avoid real mafia/gang names. International terrorist groups are a different story. Those are often used in fiction.
Hi!! I’d like to ask (I scrolled all the way through but I don’t know if anyone’s asked it yet…) about if I’d get in trouble for using a real theme park as my setting for a story I’m writing? I could possibly change the names… but the map and rides would still be the same. The story is going to be a psychological thriller, and fully take place at the park. The park itself isn’t the subject, it wouldn’t have anything to do with the villain(s), it would just be the location it all happens in.
Disney World, Disneyland, Great Adventure, Universal Studios, etc. are all trademarked and can get you in trouble if you go beyond saying your characters are going to/went to one of them for the day or on vacation – for example: “We had a great time at Disney World last summer.” I would highly recommend coming up with a fictional name for the park. You can use a real park as a template for the fictional one, but rename the rides and attractions. I forget the name of the book/author, but I read a great book where the author created their own park in Florida because the entire book (suspense/thriller) took place there with an attempted terrorist attack. The big positive of creating your own is that you can design it to suit your needs for the story. I do this with all small/medium-sized towns in my books. That way, you also won’t have readers with intimate knowledge of the real town, park, etc., complaining that you got facts wrong.
Samantha I am writing a book about superheroes, my superheroes… can I mention like if my super hero I created met Spiderman or The Avengers but not stay on subject just write it and move on not writing Spider man jumped off the building and helped me just simple like I remember I teamed up with Spiderman once it was pretty cool. Something like that?
Joel D. Wynkoop
Hi, Joel –
I don’t recommend your characters having any interaction (past or present) with DC or Marvel superheroes (or any other characters that are trademarked). It’s one thing to write that a character watched a Superman movie or that Spiderman is his favorite superhero, but having them (or others) appear as actual characters in your book can get you in trouble with whoever owns the trademark.
I would create a character similar to the person you want to mention, for example, your character talked to Stickyman propped up from the wall then he climbed away. Those kind of sly references are okay.
Samantha. I plan and will write a book to where I have a deadline. * Do I use a pen name. This book is based on true facts about events that occurred to where it was premeditated… threats, burglar left notes, stalk, predator, using elec. devices to that is scary… I can’t go further…it’s bad.. it’s something that you read or see in the ?’s; but, it was real. I’m not gonna use real names, place, the state. Times and dates from notes. Yes I was harassed at house and life was threatened and something else starts with Pill Poi and could have been Mur if didn’t look at vitamins after break in. To sit in courtroom to where fact is fact … a mouse broke the law in #’s ways causing ? trauma and others around.
It’s up to you if you want to use a pen name. Some authors do and some don’t. It’s a personal preference.
Hello again Samantha … To avoid the quote unquote or to be determined in court if do where a name of individual and individuals beyond a shadow of doubt committed wicked reprehensible acts to one. * Positive and Negative of Pen Name. There was eminent threat and then threat, burglary, including destruction of property, invasion of privacy and to get away also using intimidation and other tactics electronically to stalk. There are many names in the DICTIONARY to where there is more than a abundant of names as creatures or insects to where male or female to where? The person/persons act no different than definitions to types of germs, parasites, bacteria. Rather than use a common name which some do and don’t in books. Why not substitute with one the 3 types mentioned that have some up to 300,000 species. I have my reasons for a book and it’s personal and a victim. All I can say my past professors were happy, tired, and just little angry at me when term papers came around. Coffee and entertained up all night on 1 person did this outta 30-40 have to read next . Having the tools upstairs not used is a waist; but, people don’t know they have talent to of which? You don’t know till you say what say and do what you do and use caution when others are involved and legal advice to a degree; however? If there’s no wrong doing by one (victim) Possibly that person has no problem or maybe wants to go to ? Bring attention to that of time, trauma, also the nerve to where crimes committed don’t pay and good conquers evil if in court and in public where others know what has been done. It comes down to trust and consistency of character and of truth of a person with facts.
Also criminals don’t wanna see their name in local papers becoming local or national news for a day or two with a previous history.
I’m very confused. What is your question other than should you use a pen name? That’s a personal preference.
Thank you for quick response and you answered my question. I saw a lecture of a professor on tv at a University channel about many books published. It gave me inspiration not to say I thought years back. Some of the books were along the topics of interest. I was looking to contact via email for advice on the website probably his publisher then to find out he died years later back.
Hi! I am writing a book using conversations I wrote using characters from films/books. Will I get into trouble for copyright or trademark or other violations?
Yes. You can’t use someone else’s characters without their expressed written permission. Those characters are either copyrighted, trademarked, or both. The best you can do without permission is mention that your character is a fan of the other – for example, your character loved the Harry Potter series or went to see the latest Spiderman movie. Anything beyond that will get you in trouble.
hi I am trying to come up with names for place in my book but I was wondering if I can make up a place in a city that already exists (New York )can I do that?
Hi, Zara!
For large, well-known cities, such as New York City, many authors, including myself, add streets, businesses, and buildings that don’t exist to suit their needs for the story. The landscapes of cities and towns are constantly changing. Take Las Vegas for example – it’s very common for older casino/hotels to be torn down and replaced with bigger and better ones. So having a fictional casino/hotel isn’t an issue. If you do use an existing place (like Central Park, the Empire State Building, Museum of Natural History, etc.), research it and try to be as accurate as possible for the readers who know it well. For smaller cities and towns, I tend to create my own and design it to suit my needs.
Hello Samantha,
I’m writing a fictional book that includes historical buildings, complete with their names and histories, as well as the families who lived in them. (Some of them still exist.) However, all the conversations in the book are entirely fabricated.
Do you see trouble if the characters lived before 1923?
Authors write about deceased people all the time when they’re part of something historical. Listing your book as fiction should be obvious to most, but you may want to put a disclaimer in your blurb and at the beginning of the book to remind people that it’s fiction. As long as you don’t disparage the real (deceased) people, portraying them in a bad light (i.e. accusing them of murder or something along those lines), then you shouldn’t have a problem. However, for the people still living, you might run into problems by using their names and likenesses without permission. As you said, this is a fictional book and not an unauthorized biography where you’ve researched the facts. Before using any of the deceased (since their relatives are still alive) or living people, I would consult a literary attorney. That being said, is there any reason why you can’t use fictional names?
Hi, thank you for this article. I am not an author yet, but it’s my dream to become one someday. I am currently working on a new story, but I want to make sure I am aloud to do something. I am writing a story based on what would happen if we let the wrong people on our police department, so it is a horror story. But would I be able to do this? I am making up a fake city and fake people, but I just don’t know if what the story is about would be allowed. Thank you so much.
You won’t run into any issues using fake cities/towns and fake people. That’s why they call it fiction. Anything you can dream up can be written as a story.
Hi Samantha! Your advice is so helpful. Am working on a historical fiction story with a historical figure as a key character, seen through the eyes of my lead. Nothing disparaging. Thus figure is used in a lot of different genres also. Any advice?
Hi, Anna. Many real historical figures are represented in fiction. As long as it’s not disparaging, (descendants might have an issue with that), then you should be fine. However, you might want to consult a literary attorney to be certain.
Hi Samantha-
I just came across this post and it’s helped me. I do have a quick question regarding lyrics. I tried to click the blog post from Helen Sedwick, but it appears to be broken.
I’m writing a fictional novel, and have used a few song lyrics, as well as the beginning and ending lines of “Moby Dick.”
An example of the song lyric would go something like this:
“Joe picked up the microphone, looked lovingly into Mary’s eyes and began singing. She cried with joy as she heard, ‘Lady. I’m your knight in shining armor and I love you.'”
An example of the text from Moby Dick went:
“As we got comfortable on the couch, Steve picked up the book and began to read. ‘Call me Ishmael. Some years ago—never mind how long precisely—having little or no money in my purse, and nothing particular to interest me on shore, I thought I would sail about a little and see the watery part of the world.’ He continued reading to us for about an hour until bedtime.”
Thanks in advance for your reply.
Moby Dick is public domain, so you can quote that without an issue. Song lyrics are copyrighted (unless they’re over 75 years old), and can’t be used word for word. I suggest you say he began to sing one of her favorite songs (insert song title) by (singer). Song titles aren’t copyrighted.
Hi, I’m writing a fictional book that is set on a real historical Hollywood estate. The estate was demolished 30-40 years ago. The property has now been completely rebuilt and is used for corporate purposes (no longer a private residence). I have a disclaimer at the beginning that although the work references real historical people/places/events, it is a work of fiction and space and time have been reconstructed to fit the novel’s narrative. In the book, the estate was never demolished and new fictional characters live there. There are some unsavory things that happen at the estate in the book (violence, drug use) but not by any real persons or at any time where the property really did exist as described in the book – is this ok to write about?
Hi, Mandy.
Since the property no longer exists, and it’s a historical site, you shouldn’t have any issues as long as you include the disclaimer.
Hi, I’m writing a fictional romance novel, and I’m wanting to use the town I live in. There’s a coffee shop, a school, and a scenic train station (they take a train ride) that I want to use. My question is am I able to use actual names and describe them? They will all be shown in positive ways. This will also be my first book so I don’t want to mess up before I can even get it out!
You can definitely use their descriptions (again, as long as it’s in a good light if people will be able to figure out what you’re describing). I wouldn’t use their names without permission unless it’s a public place (state or federally-owned park or a well-known destination, for example). This is why I tend to make a fictional name for my small towns, so I can design it to suit my needs for the story. You can use your own hometown as a template, just rename everything. If a reader is familiar with your hometown and notices any discrepancies, they sometimes forget it’s fiction and then leave a review, complaining about what you got wrong. (I’ve seen it happen.) Hence the reason I suggest renaming places.
What about if the story takes place mainly in a big city like LA or NYC?
Those are fine.
Hello, do these things apply to comic books as well? For example, can I have an illustration of one of my characters drinking a Coca Cola, wearing a T-shirt with Vader’s helmet on it, or driving specific cars like a Lamborghini Revuelto?
Yes, it applies to comic books too. And no you can’t recreate copyrighted branding.
If I want to use a real person to meet my main character who doesn’t exist and/or come up with quotes, can I do that? Like say my MC met Beyonce in my book – can I write that actual scene or just say that it happened and that like Beyonce was really nice?
A lot of authors use celebrities in their books. Again, as long as it’s in a positive light, and they aren’t a main plot point, you shouldn’t have an issue. However, I suggestion you consult with a literary attorney just to be safe.
I’m so thankful for your help and willingness to answer questions!
I have four:
Use of name of a weapon by name? (Glock)
The song question I think you answered. I had actually removed the name of the song and instead made a vague reference to a lyric, now am thinking I didn’t have to.
Trademark name: Tasmanian Devil. I included it as a joke reference to a character by another character, (Hey, Tas man! (you’re a )Tasmanian Devil) Now it looks like that’s a big NO. It’s a shame, though, it was just a cute joke. Did you know that Warner Brother’s actually also has the name Taz trademarked?
And I guess the fourth was about using car makes/models. Any help is appreciated. I am a self-publisher/ebook author
Hi!
If you’re using brand names as a simple reference, such as, “His weapon of choice was a Glock.” or “He drove his Ford F-150 into the lot.” and it’s not in a negative sense, then you won’t have a problem. Brand names see that as free promotion. The same goes for fictional characters. A simple reference to a movie, the character themselves, or a book won’t be an issue. For example, “His buddies had nicknamed him Tas.” (especially if it’s shortened from his name) or “He was watching Fast & Furious on TV.” As long as you don’t use the actual character as a character in your own book, you’re fine. For the song, you can absolutely use titles in your story, just not lyrics.
Hi, I’m writing a children’s / parent book to help ease the gap of teaching variations (or knowledge) between parents and teachers. It is based on a ‘homework’ theme and introduces new learning concepts in each fictional picture book.
Q – thoughts on combining fiction, non-fiction for purpose of entertainment through learning?
Q – Am I legally allowed, what sort of permissions do I require to use educational strategies or current learning programs eg: a reading program, to support the educational aspects of the story?
Hi – Fiction and non-fiction are combined all the time. No issues there.
Unless a strategy is trademarked or copyrighted (which I doubt most are), there won’t be any issues there either. Most are common knowledge and have been around for decades and centuries.
Hi!
If I name an anime/manga/fictional character in my novel briefly, eg. my characters briefly fangirl over a few characters, or trash over a really bad character, is that allowed or nope?
Sorry for the delay. You shouldn’t have a problem with the fangirling of a fictional character, but I would use caution when trashing one.
Great info!
I would like to set the opening scenes of a novel in two real-world locations in NYC.
1. A real cafe where characters have a quick meeting. Nothing of note happens, and nothing disparaging or bad happens. The cafe name is mentioned because it has an interesting similarity to another, unrelated plot point. The cafe is never mentioned again.
2. The Lyceum Theatre in Broadway. NYC’s oldest running theater, so a historic landmark, but likely privately owned? There is a tense scene where a protagonist is shot and killed in the lobby by CIA agents and then a frantic chase ensues through the backstage areas as the others escape. No theater personnel are harmed, and no disparaging portrayals of staff or people. The theater is actually portrayed in a noble and dignified light.
Would this be problematic? Thanks.
Well-known places are often used in fiction without a problem, especially if it’s just a mention that the characters went there. The cafe shouldn’t be a problem, but if you’re near the place, I would let the owners know. They’d probably get a kick out of it. Most people would see it as free publicity. As for the theater, historical landmarks are constantly used in fiction. While Disney would have an issue with you setting something like that for one of their parks in your book, I doubt using the theater would be a problem, based on what you’ve described.
Hi, i have a question: i am writing a book based on true events. May i use the information from the inquest that was held for the person that died and the witnesses that were at it, in my book? The inquest was held back in 1950’s. It is a public record.
As long as it’s public record and you site your sources, it shouldn’t be a problem.
Hi Samantha!
I understand from reading the comments above that Song Titles are not copyrighted but the lyrics are.
In my book there are scenes about a simpleton who sings songs (Song Title Mentioned), but being a simpleton, he sings completely altered lyrics, just one or two lines. Is that ok?
Thank you.
As long as the lyrics are broadly different, there shouldn’t be a problem. Exact or too similar will be an issue.