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The Steve Laube Agency

The Steve Laube Agency

Helping to Change the World Word by Word

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Home » Legal Issues » Page 2

Legal Issues

May I Use Real Names of Places in My Novel?

By Tamela Hancock Murrayon September 24, 2020
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The “Your Questions Answered” Series

__________

I am wondering about whether or not to use real names of places in my novel. Is it better to disguise names of towns and cafes or offices? What about popular franchises like MacDonald’s?

When authors write about a town, most inhabitants are thrilled. I wrote Love Finds You in Maiden, North Carolina, and received a warm reception. I enjoyed visiting Maiden too! So, yes, when you are writing about the warmth and charm of a place, making that apparent can be fun for all concerned. If you are writing something gritty and crime-ridden, disguising the location might be better. Think: Gotham is supposed to be New York City.

As for businesses, I mentioned The Tobacco Company in a novel set in Richmond, Virginia, and the editor asked me to change it. However, it’s a real place, so it stayed. (https://www.thetobaccocompany.com/)

As for franchises, I recommend using something generic. You never know how a reader feels about a specific franchise. They may love it or hate it, and those feelings may not follow any logic. Consumerism causes people to form opinions. You may adore a particular brand; but if your reader doesn’t agree, you may lose them. For example:

Does your character drive a Mercedes Benz? This automobile may represent the epitome of style and taste to one reader, but may make your character seem spoiled and out of touch to another. “Luxury sedan” or even “sedan” is good enough here.

What about a Prius? Or a Ford F150? All of these choices cause the reader to judge the character. If you want the car to say something specific about a character, that can be a useful tool. But otherwise, I recommend not making the reader pause over an individual brand. Rather, a generic description makes the reader get to the important part: your story.

Your turn:

When do you think mentioning a specific brand helps? When does it hinder?

Does a brand define a character in your mind? How?

For the entire series, click here: “Your Questions Answered.”

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Category: Copyright, Craft, Legal Issues, The Writing Life, Your Questions Answered Series

Using Someone Else’s Words (What Is Fair Use?)

By Bob Hostetleron April 24, 2019
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One of the ways in which writing for publication has changed over the years involves the use of someone else’s words in something you write. Once upon a time, what constituted fair use of copyrighted material was pretty straightforward, comprising three basic factors: The length of what you use The length of what you use it in The character of what you use it in Each is relative to the other. So, …

Read moreUsing Someone Else’s Words (What Is Fair Use?)
Category: Legal IssuesTag: Copyright, fair use

Does Your Company or Church Need an Intellectual Property Policy?

By Bob Hostetleron March 6, 2019
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Suppose you’re a pastor on staff at a church. Or a reporter for your hometown newspaper. Or you’re employed by a Christian ministry. Or volunteer at a neighborhood agency. And suppose you spend time writing stuff for your church, employer, ministry, or agency. When you do, who owns what you write? Maybe you’ve never had to ask that question; but if you’re a writer, maybe you should. If you and …

Read moreDoes Your Company or Church Need an Intellectual Property Policy?
Category: Legal Issues

The Quest for Originality

By Steve Laubeon January 14, 2019
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Are you tired of being told by a publisher “We simply don’t do books like that”? or “Yours is certainly out of the box, but is not what we are looking for at this time”? What’s the Deal with Boxes? In general all books are sold under a category. Be it a fiction genre (historical, suspense, romance) or a topical non-fiction category (marriage, parenting, finance, theology). When you are told your …

Read moreThe Quest for Originality
Category: Book Business, Creativity, Genre, Legal Issues, The Publishing Life, The Writing Life

How Much Can I Quote From Another Source Without Permission?

By Steve Laubeon November 26, 2018
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Remember you can use the big red button at the bottom right-hand column of this blog page to ask us questions. (It is titled “Ask a Question.”) Question: “I don’t have a ton of quotes in this manuscript. Any I do are short—maybe a sentence. What’s your take on the whole permissions/“fair use” argument? Over the years, I have heard more interpretations/explanations of what’s …

Read moreHow Much Can I Quote From Another Source Without Permission?
Category: Legal IssuesTag: Copyright, fair use, permissions, rights

Checked Your Copyright Lately?

By Steve Laubeon September 17, 2018
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Have you checked your copyright lately? I mean, have you actually gone to the US Copyright Office web site and searched for your registration? You might be surprised at what you won't find. Here is the link to start your search.

Most publishing contracts have a clause that requires the publisher to register the copyright, in the name of the author, with the US Copyright Office. This is supposed …

Read moreChecked Your Copyright Lately?
Category: Book Business, Copyright, Legal Issues, Publishing A-ZTag: Book Business, Copyright, Legal Issues

Don’t Sweat the Big Stuff?

By Dan Balowon March 27, 2018
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Author Richard Carlson and his 1996 book Don’t Sweat the Small Stuff encouraged a generation to put priorities in order and prevent someone from missing the forest for the trees. I am afraid many aspiring authors are doing just the opposite by not worrying about the big stuff either. Everything we write in this agency blog does not carry the same level of importance to everyone, but very often, …

Read moreDon’t Sweat the Big Stuff?
Category: Book Business, Career, Legal Issues, Money, The Publishing Life, The Writing Life, TrendsTag: Book Business, Career

Morality and the Book Contract

By Steve Laubeon January 15, 2018
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Seven years ago I wrote a post about the morality clause in book contracts. It was met with a collective yawn. Today the landscape is a little different and I hope you will take the time to read this carefully. From Hollywood suddenly trying to find a moral compass to corporations trying to define bad behavior, the issue has become the latest buzzing conversation. The issue is not one to be …

Read moreMorality and the Book Contract
Category: Contracts, Legal Issues, The Publishing Life, The Writing LifeTag: Contracts, Legal Issues, moral turpitude

When Does a Book Become Public Domain?

By Steve Laubeon October 2, 2017
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Writers frequently ask about whether they need permission to quote from another book. The answer is usually yes. But if the book is in the public domain that permission is unnecessary. I don't want to tackle the issue of "Fair Use" today, but instead provide a few links that you can use to find out if a book is in the public domain, or not.

First, use this form …

Read moreWhen Does a Book Become Public Domain?
Category: Copyright, Legal Issues, Writing CraftTag: Copyright, Legal Issues, public domain

Fake News and the Christian Author

By Dan Balowon March 14, 2017
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Most book authors do not work their way up through the ranks beginning with a college degree in journalism. Because of this, many have no exposure to the best practices of career writers and journalists. Sure, book authors might be very creative, insightful and able to recite large sections of Strunk & White or the Chicago Manual of Style, but they are not as familiar with what makes for a …

Read moreFake News and the Christian Author
Category: Editing, Legal Issues, The Writing LifeTag: Journalism, Research, The Writing Life
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