Can I use real organisations in my novels?

[Mark]

Hey there,

I have a quick question regarding the use of real places in novels. I am writing a fictional story (a graded reader for English students) about a couple of detectives who work for the British Museum and also Interpol.

Am I allowed to say that these characters work for the British Museum? I know it is extremely unlikely that anyone working for the museum will ever read the story, but I don't want to risk any law suits.

Also, in a last novel I wrote a fictional robbery scene which took place in a real hotel. Is that allowed?

Thanks in advance for your help

Mark

[T.L.]

I recently asked a similar question, about using brand names.
As long as you're not portraying them in a negative way then it seems to be OK.

After all, I see Interpol mentioned in films a lot.
And who does James Bond work for? They even should the real MI5 HQ.

I have used real places in my own books, and so far so good.

[Lance]

Mark wrote: "in a last novel I wrote a fictional robbery scene which took place in a real hotel..."

This could potentially get you into hot water depending on how you portray the hotel. Did the robbery happen because an employee was in on it, or because the security was a joke? The brand owner could consider that defamation.

In general, like T.L. said, using real places is fine as long as you don't slander anyone or damage their brand.

[Zee]

Same advice here - make sure it is portrayed in a favourable light. And as for the hotel, I would think it best to use a fictional one because you run the risk of being accused of defamation or libel.

I have used 'known' organisations in my works, but they were mentioned in passing and never in a 'bad' light (such as MI-5, the Ministry Of Defence Police, FBI, Police Nationale in France)

I would suggest - if it's not something in passing, and it has a strong point in your story, use something fictional. For example, you can say your characters are staying at the Four Seasons in Prague. But if it involves the reputation of the hotel for something nefarious or compromising, then use a fictional one.

[A.R.]

Of course you may use real organizations as long as you employ common sense. In Hawthorn County (my setting), everyone watches CNN, shops at the Walmart, attends St. Louis Cardinals games, takes Advil, and uses Neosporin. One guy even drives a Humvee that reminds us of a Brinks truck.
However, we don't mention the name of that ill-tempered lout of a political commentator for fear of legal retribution.

[Mark]

Thanks for the feedback.

I have a question though. If a robbery occurs at a famous museum would that be viewed as portraying a place in poor light because of their ineffective security?

Also, in my story a criminal meeting occurs in a restaurant in a famous hotel. Of course the hotel owners are unaware of this but still is this showing the place in a bad light?

I've seen plenty of gangster movies set in real casinos in Las Vegas and Mr Bond is all over the world staying in swanky hotels. But as a self-publisher I don't have an editor to give me advice.

[Segilola]

Interesting points India, I'm with you on them. As a reader I like to visualise things to rather than google a brand I may not have heard of before

[Lance]

India wrote: "But the question I would ask is what is the motivation to brand the museum or hotel?"

Two reasons.

I root my novels very firmly in the real world. My characters stay in real hotels, eat at real restaurants, buy real name brands. Why? Because that's what real people do in the real world. We live in a branded world. Everyone knows what to expect of certain brands. Yes, you could expend dozens of words describing your "sleek, black, jet fast car with a wooden dashboard," and end up with readers coming up with all kinds of different ideas about it, including ones you didn't intend. If you say it's a Bentley Flying Spur, everyone knows exactly what you mean in far more detail than you could get away with describing without bogging down your narrative.

The other reason involves dialog. Real people speak in brands. We don't go to "the Australian-themed steak restaurant"; we go to Outback. Nobody asks a waiter for "that soda in the red can" or refers to "the four-star business hotel" down the street; they ask for a Coke or talk about the Hyatt. They give directions based on brand names ("turn right at the Walgreens"). They describe things using brand names ("he wore a Nike sweatshirt").

You write about magic and spirituality, so you can get away with cutting your settings loose from the everyday. Any story set in the real world of today is going to end up sounding either stilted or unmoored from reality if there are no mentions of real brands.

I seriously doubt more than one in a hundred brand mentions in books is paid for (that's more a movie/TV thing) or that it's going to become an issue for any but the most successful of us in the foreseeable future. In the meantime, I won't deny myself any effective tool to make my settings or dialog more realistic and naturalistic.

[C.]

I use "real" places and things in my writing... I've read that as long as it's kept positive, it's all good. I'm not sure if fiction needs to approach or have the same concerns as film and product placement.

[Lance]

Sorry about my misinterpretation of your work.

The key to this whole question is knowing when to go with a real brand and when to make up one. It's often useful to create your very own ____________ (fill in the blank) so you can have the run of the place and do whatever you want in/to it. If you then surround it with real-life places and names, your readers will be more likely to accept it as a real thing.

For example: in my current WIP, I had to create a smallish museum and its support facilities. I need it in a particular place and to have particular qualities that make it susceptible to being first conned, then robbed. However, I put it on a real street in a real building (suitably renovated), surrounded by real businesses and landmarks. Based on the description, you could find it on Google Maps. Because everyplace else my characters go and everything they use is real, I expect that readers will just accept that the museum is, too.

Hope this helps. Good luck!

[Amber]

I've asked permission to use real places in fiction, and so far the owners of the businesses have all said yes. I did a blog post on this topic in some depth a couple of weeks ago, on deciding when to invent a place and when to use a real place.
http://ladiesofmystery.com/2016/03/24...

[Gisela]

@Mark - Always put a disclaimer: "Persons and places are fictitious..." at the beginning of your book.

Please note in the United States everybody can sue everybody for anything!!!

It's the law of the land. Some may remember that years ago a New Yorker lady (who home schooled her child her child, so it would get only the BEST education) sued a taxi company. She and her child had been waiting at a red light when a cab driver came to a halt at that spot and rolled down the window to yell at somebody else (not the lady and and her child) a series of outspoken expletives.

The lady sued for mental cruelty and that her sheltered child had learned things she kept from him, deliberately.

Of course, she could sue. This is the US. The judge however decided that she had no grounds for suing, because she could not have an expectation that "out there in the jungle of NYC" her child would stay sheltered.

This example illustrates very well, anybody can sue anybody & not everybody will succeed in their endeavor.

The Ritz Carlton, the Four Seasons etc have no expectation of privacy because everybody has a webpage. Thus, PROBABLY no judge would allow them to sue you that they are a part of your story.

If you have a disclaimer it is even doubtful that they could sue you if you you write anything that is clearly not positive.

However, I would not push my luck, and have a hotel employee steal from guests etc... because they might sue you and all lawsuits are unpleasant. Please note, if you get sued you have to hire a lawyer.

Hope this helps.

[M.A.]

Legally speaking, a novelist can use any trademark they want without consent, as long as the use does not suggest endorsement. Meaning your characters can work for the British Museum, but if the museum -- and the fact that your characters work for it -- is central to the story line then the use may be interpreted as endorsement. If endorsement is suggested, then permission must be obtained.

If the use is incidental, then a corporation can only sue for defamation if you make statements about it that harm its reputation and cause it financial loss. That a robbery takes place at the hotel is not the same thing as writing that it took place because the hotel was in on it or is unable to protect its guests. (So it isn't just the robbery scene that is at issue, but what you write about the robbery.)

That said, corporations have deeper pockets than you do, which is why most authors shy away from using trademarks/tradenames if the connection is negative. The corporation may sue you, and they will likely not even make it past summary judgement, but not before they've scared the bejesus out of you and you've incurred legal fees. So it is not that the law is on their side, but rather their bank account. So ask yourself this: is the use of a real hotel name essential to your story line? If not, change the name. You are not required to obliterate the actual hotel name: the Four Seasons can become the Five Seasons and there's nothing they can do about it.

As for people, that is a different matter. People are protected by privacy legislation and can also sue for defamation. Consequently, you may indeed use the British Museum, but first make sure that no one who works there appears to be the foundation for your character. You can start by checking if someone by that name works there (just by calling the Museum). If so, change your character's name. And remember to add the usual "this is a work of fiction" disclaimer on your copyright page.

[M.A.]

P.S. Forgot to mention: government buildings and agencies cannot be trademarked or trade-named, but they can sue for defamation. So you may not need permission to set your story at the British Museum, but you do have to be careful about how you depict the institution.

Also, check that the BM is, in fact, owned by the government and not a private governing body.

[Mark]

Thanks M.A, that was a really useful post. I think I'll play it safe :-)

M.A. wrote: "Legally speaking, a novelist can use any trademark they want without consent, as long as the use does not suggest endorsement. Meaning your characters can work for the British Museum, but if the mu..."

[M.A.]

Mark wrote: "Thanks M.A, that was a really useful post. I think I'll play it safe :-)

You're welcome.