This is a discussion on "copywrite and trademark stuff" in the Writing Questions forum.
Not sure if this goes here but....
Basically, what I'm wondering is if my main character is from modern day can I have him refer to modern day stuff like McDonalds, D&D, Barney, and Harry Potter by name or do I have to come up with fictional analouges? I've seen examples of it done one way and examples of it done the other, and frankly I'm confused as hell about this.
DoOoOoOoOM!
There's a great blog post that covers this here: Rights of Writers: Can I Mention Brand Name Products in My Fiction?
Great info, since nothing pulls me out of a story faster than the typically horrible replacements for these things.
I would caution against using specific references that aren't absolutely necessary to the story. Putting, say, a Twilight reference into a novel might male sense now, but in ten years when it's faded into obscurity (we can only hope) it'll just confuse your reader.
P.s., the Twilight jab is made purely in jest. Stephenie Meyer is a hack...but a Published hack--something I can only aspire to be.
In general you can refer to those things with no problem. There is no copyright issue (note, that it is copyright; copywriting is writing advertisement copy and the like).Originally Posted by Queshire
You won't be using the names as trademarks, so that's not an issue either. If you had a trademark in the title of the work, or on the cover of a book or something, you might have an issue, particularly if it is a famous trademark.
"With age came wisdom. Sometimes wisdom came with an ass kicking, too. And nothing could kick ass like the whole world." -The character "Horn" ruminating on his circumstances. The Decaying Mansions of Memory, by Jay Lake.
You, too, can get a copy of Lorelei and the Lost and Found Monster from Amazon.com.
I don't think copyright or trademark is an issue if it's just a passing mention. Libel would be the one to worry about. I'm not a lawyer, but I think as long as you're not accusing McDonalds of doing something naughty, you'll be fine.
If you're looking to publish, I'd recommend making a list of those references as you go so you can check with the editor (or a lawyer if you self-publish). Some editors ask for a list of products/companies/etc mentioned, and it's better to have it handy.
"It's no wonder that truth is stranger than fiction. Fiction has to make sense." – Mark Twain
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