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copywrite and trademark stuff

Queshire

Auror
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.
 

Krieger

Acolyte
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.
 

Steerpike

Felis amatus
Moderator
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.

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).

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.
 

Ghost

Inkling
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.
 
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