The Writers' Coffeehouse Forum I have a question regarding le..

I was wondering if anyone knew the legalities of say, mentioning a major corporation in a novel.  Do you have to get permission or written consent if you say: "Katrina's car was littered with McDonald cups and wrappers."  or can you mention them as long as you don't trash talk them.  Do the same rules apply to smaller businesses as well, like ma & pop stores (privately owned businesses?)?  Please let me know, I'd really appreciate it and I'd rather not get sued.  I know some well known names such as Disney won't let you use their name or anything affiliated with them without their consent.  Just wondering if the same rule applies to every major brand name or company.

I appreciate your replies.

Hi all,

 

I'm just new to this group, found your question and thought I'd try an answer ...

 

While I'm no expert in copyright/trademark legalities, I do think -- THINK! -- you can safely use something like "McDonald's" as you have it.  You can also bypass that by saying something like 'fast food containers,' but that doesn't lend the specificity that can punch up a story.

 

Years ago Writers Digest magazine had a series of articles on copyright/trademark dos and don'ts, so you might take a look in their archives.  You can also try Googling copyright legalities and see what you get.

 

When all else fails, I think you can rely on your editor/publisher to keep you safe in this regard -- at least they should, if they're worth their salt! -- and will help you with rewrites and/or getting any needed consents.  My POD publisher did with me for my novel, even tho I thought I'd written the pertinent part in such a way that it didn't need a consent.

 

Thanks for the info about Disney -- I didn't know that!

 

Hope this helps ....

 

Blessings,

 

Genie