OK To Use Real Business As a Location? - CrimeSpace2024-03-29T11:28:13Zhttp://crimespace.ning.com/forum/topics/ok-to-use-real-business-as-a-location?commentId=537324%3AComment%3A363563&feed=yes&xn_auth=noLegally you CANNOT do this wi…tag:crimespace.ning.com,2014-06-16:537324:Comment:3916632014-06-16T17:44:32.096ZSam Kinghttp://crimespace.ning.com/profile/SamKing
<p>Legally you CANNOT do this without permission. The name of the pub may be registered. That would mean a corporate lawsuit of some type in future unless you got written permission. For instance although I use Tiverton in my crime novel - my version has an 18 hole golf course. The real market town does not. So, it is a fictional place. I needed the name though as part of an anagram.</p>
<p>Legally you CANNOT do this without permission. The name of the pub may be registered. That would mean a corporate lawsuit of some type in future unless you got written permission. For instance although I use Tiverton in my crime novel - my version has an 18 hole golf course. The real market town does not. So, it is a fictional place. I needed the name though as part of an anagram.</p> Thanks for the reply, Tina.
S…tag:crimespace.ning.com,2013-12-10:537324:Comment:3832222013-12-10T17:18:16.392ZJed Powerhttp://crimespace.ning.com/profile/JedPower
<p>Thanks for the reply, Tina.</p>
<p>Since that post I've gone with using real locations. I only use fictional ones when something negative or derogatory about the business is taking place. Business owners seem to love having their business named in the books and a few have actually asked me to include their business in my next book which I am going to do.</p>
<p>Also readers have told me they much prefer real locations and businesses that they recognize. I know I do. I have actually been…</p>
<p>Thanks for the reply, Tina.</p>
<p>Since that post I've gone with using real locations. I only use fictional ones when something negative or derogatory about the business is taking place. Business owners seem to love having their business named in the books and a few have actually asked me to include their business in my next book which I am going to do.</p>
<p>Also readers have told me they much prefer real locations and businesses that they recognize. I know I do. I have actually been turned off by well written novels which use fake names for cities, businesses, locations, etc., that I'm familiar with.</p>
<p>I don't believe there is anything to fear legally by using a business location as long as nothing negative happens there. Anyway, I think the benefits far outweigh any cons, if there are any. </p> Can you alter it just a bit? …tag:crimespace.ning.com,2013-12-10:537324:Comment:3833282013-12-10T03:38:23.139ZMC - Tinahttp://crimespace.ning.com/profile/TinaC
<p>Can you alter it just a bit? I understand that if a name is changed at least 10% then one need not ask permission. The Book Den could become Ye Old Book Den or Fisherman's Lounge could be Fisherman's Wharf Lounge or something like that. You don't need the hassle. There's enough to writing, promoting, marketing without any added troubles. Best!</p>
<p>Can you alter it just a bit? I understand that if a name is changed at least 10% then one need not ask permission. The Book Den could become Ye Old Book Den or Fisherman's Lounge could be Fisherman's Wharf Lounge or something like that. You don't need the hassle. There's enough to writing, promoting, marketing without any added troubles. Best!</p> Most businesses like free adv…tag:crimespace.ning.com,2013-07-11:537324:Comment:3745332013-07-11T14:21:04.779ZStephen Seitzhttp://crimespace.ning.com/profile/StephenSeitz
<p>Most businesses like free advertising, but some day you may need that scene for something decidedly nasty: conspiring to commit murder, for instance. On the whole, I'd keep it fictional.</p>
<p>Mentioning real businesses in passing, however, is all right. It adds verisimilitude.</p>
<p>I know it sounds contradictory, but it's what I do.</p>
<p>Most businesses like free advertising, but some day you may need that scene for something decidedly nasty: conspiring to commit murder, for instance. On the whole, I'd keep it fictional.</p>
<p>Mentioning real businesses in passing, however, is all right. It adds verisimilitude.</p>
<p>I know it sounds contradictory, but it's what I do.</p> free publicity is usually a p…tag:crimespace.ning.com,2013-01-21:537324:Comment:3661042013-01-21T19:19:32.855ZDon Leehttp://crimespace.ning.com/profile/DonLee
<p>free publicity is usually a plus!</p>
<p>free publicity is usually a plus!</p> You're right. I guess if you…tag:crimespace.ning.com,2013-01-18:537324:Comment:3659382013-01-18T20:17:59.351ZJed Powerhttp://crimespace.ning.com/profile/JedPower
<p>You're right. I guess if you have to say something negative about a business, and possibly damaging, you better make damn sure it's true and well known.</p>
<p>In my own writing I never use a real business when I'm planning on saying something negative about the business or I am going to have a negative incident happen on the property.</p>
<p>You're right. I guess if you have to say something negative about a business, and possibly damaging, you better make damn sure it's true and well known.</p>
<p>In my own writing I never use a real business when I'm planning on saying something negative about the business or I am going to have a negative incident happen on the property.</p> Frankly, I wonder about that,…tag:crimespace.ning.com,2013-01-18:537324:Comment:3660582013-01-18T18:15:01.584ZCammy May Hunnicutthttp://crimespace.ning.com/profile/CammyMayHunnicutt
<p>Frankly, I wonder about that, too. I don't have the legal experience to say (and I get the impression that there really aren't any hard rules on defamation suits, or any lawsuits because juries are weird) but I doubt you could be sued for saying Chipendales is messed-up or Bloomingdales sucks.</p>
<p>I do know one thing from a legal hassle of my own, that I won't get into: defamation has to meet some criteria. Has to be openly uttered or "notorious" (which a book would be of course).…</p>
<p>Frankly, I wonder about that, too. I don't have the legal experience to say (and I get the impression that there really aren't any hard rules on defamation suits, or any lawsuits because juries are weird) but I doubt you could be sued for saying Chipendales is messed-up or Bloomingdales sucks.</p>
<p>I do know one thing from a legal hassle of my own, that I won't get into: defamation has to meet some criteria. Has to be openly uttered or "notorious" (which a book would be of course). </p>
<p>Has to be proven harmful. Does me calling you ugly or fat or retarded actually hurt you? </p>
<p>Has to be malicious, which means intentionally harmful, I guess. Like maybe you publish that somebody is preganant or something, not realizing that it will get her in trouble because her husband is impotent.</p>
<p>Has to be false. If I call you fat and you actually are obese, or if I say the restaurant was closed down twice a year by the health department and it's a matter of record... no foul. </p> Thank you for the feedback, C…tag:crimespace.ning.com,2013-01-18:537324:Comment:3659292013-01-18T15:16:33.844ZJed Powerhttp://crimespace.ning.com/profile/JedPower
<p>Thank you for the feedback, Cammy.</p>
<p>You are right, I think. The general consensus seems to be as long as you don't say anything negative about the business you're probably on solid ground. Anything negative, depending on degree, you might have a problem.</p>
<p>Thank you for the feedback, Cammy.</p>
<p>You are right, I think. The general consensus seems to be as long as you don't say anything negative about the business you're probably on solid ground. Anything negative, depending on degree, you might have a problem.</p> What makes you think this wou…tag:crimespace.ning.com,2013-01-18:537324:Comment:3660482013-01-18T07:32:59.365ZCammy May Hunnicutthttp://crimespace.ning.com/profile/CammyMayHunnicutt
<p>What makes you think this would be necessary? Did a lawyer say this?</p>
<p>What makes you think this would be necessary? Did a lawyer say this?</p> I don't see how anybody can s…tag:crimespace.ning.com,2013-01-18:537324:Comment:3659252013-01-18T07:31:47.448ZCammy May Hunnicutthttp://crimespace.ning.com/profile/CammyMayHunnicutt
<p>I don't see how anybody can sue you for using a location. You read about people going into Macy's or Bloomingdales, Breakfast at Tiffany's, etc. I just read something the other day by Carl Hiassen, saying there's actually a marina in Florida where Travis McGee lived. </p>
<p>I see bars in Key West mentioned in a lot of stories, and spots in New Orleans, too. </p>
<p>I've been in places with frames on the wall bragging about being in some film or novel.</p>
<p>I just can't see how this…</p>
<p>I don't see how anybody can sue you for using a location. You read about people going into Macy's or Bloomingdales, Breakfast at Tiffany's, etc. I just read something the other day by Carl Hiassen, saying there's actually a marina in Florida where Travis McGee lived. </p>
<p>I see bars in Key West mentioned in a lot of stories, and spots in New Orleans, too. </p>
<p>I've been in places with frames on the wall bragging about being in some film or novel.</p>
<p>I just can't see how this could be a problem at all. </p>