When I started writing my first novel, On Tentherhooks, I thought I would do well to include brand names in order to make for a stronger sense of realism. Who wants generic when you can have the real deal, right? I even went so far as to use lyrics from a couple of well-known songs as pivotal details in the story!
Yes, by now, many of you are probably saying to yourself : what an absolute idiot. And if you are kind enough to refrain from saying it, I thank you. But I will save you the trouble and say it for you: I was an absolute idiot. But at least I can say “was” instead of “is“. Fortunately for me and much to the chagrin of any opportunistic copyright attorneys who happen to stop by, I fixed the problems in my work before it went to press. I found some great resources to help me navigate the tricky waters of copyright and trademark use in works of fiction.
For me, my new rule of thumb is “when in doubt, leave it way the hell out” when it comes to questions of trademark infringement and copyrighted material, including brand names. You can include them, in some cases, but I decided to play it safe. Since I am indie publishing, it’ll all be on me if it goes badly. The final version of On Tenterhooks has been cleansed. And in the spots where I needed a specific brand, I made it up completely. I went so far as to create a band, a band back story and fake song lyrics for a small set of story details. And if you find yourself in a similar situation of need, don’t worry – lyrics don’t need to be too deep in order to be believably popular. I give you Exhibit A.
Below are some of the resources I found useful regarding permissions, brand names, trademarks and copyright.
- Getting Permission – How to License & Clear Copyrighted Materials Online & Off – Excellent book written by an attorney. It’s a very easy read, organized around specific types of use and how to safely obtain proper permissions.
- Can I Mention Brand Name Products in My Fiction? – excellent post from a writer-turned-attorney that covers “the four areas of law to consider in connection with brand names…”trademark infringement,” “trademark dilution,” “trademark tarnishment,”and “defamation.” Click, read, learn.
- Use of Trademark Names in Fiction – more simple tips for how and when it is safe to use brand names.
- Intellectual Property and Its Uses Part One: Trademarks and Brand Names – This one is a bit older, but the advice is still very solid.
For you fellow writers, do you think I am being too strict in my interpretation? Do you use brand names in your work? How does your rule of thumb work? And do you have other resources suggestions you can share? Post them here!
Nice – love the details you provided here. Now you understand why most books include a disclaimer to the effect of “All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.”
Indeed I do. I still perform a couple headsmacks every time I think back to almost including such blatant copyright violations. Fortunately, we’ve got a great community of indie and self pubbers to keep me straight. Thanks for stopping by!
Great blog. I’m like you – “when in doubt, leave it out” – but I appreciate the links you listed. It’s a good guideline to follow, but it’s nice to know the actual rules and regulations for getting permission for to use copyrighted materials and brand names.
Agreed – I do think sometimes it will be crucial to your storyline to include something that is copyrighted and despite the legwork necessary, it will always be better to play it safe. Thanks much for stopping by and adding your opinion!