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.”
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…
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.
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.
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.
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.
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.