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Home » Legal Issues » Page 3

Legal Issues

Name Brands in Fiction

By Tamela Hancock Murrayon July 30, 2015
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So, you’re driving down the road, and you see a Ford F-350 with Monster wheels and an NRA bumper sticker. And you see a Toyota Prius with a Go Green bumper sticker. You know these are two different personalities driving the vehicles, right? You probably have formed an image already. I would guess you even think the driver of the truck is a male and the Toyota is a female. Or you might see a middle-aged woman emerge from a Mercedes-Benz decked out in designer apparel and nearby, a teenager emerge from a Ford Mustang wearing fast fashion. As an observer, you form images of these people and how they live, correct?

So it stands to reason that this is a great and quick way to convey impressions of your characters to readers of your contemporary novel, right?

Wrong.

Huh?

I’ll admit, to say, “Wrong,” is draconian. However, there are good reasons to avoid using name brands in books even though observing what people buy in real life is one way we assess them, whether we admit it or not.

But here are a couple of reasons why this isn’t such a great idea when writing a book:

1.) Your readers may not know the brands as well as you do.

I am the daughter of a man whose nickname in high school was “Speed” (because he drove fast) and he was proud of it. I also love cars, although I try not to exceed the speed limit. I have been told that  “Da-da” and “ca-ca” were my first utterances. In that order. So I keep up with cars, especially my favorite brands. But that doesn’t mean all readers do. Many of my friends say, “All I care about is that my car gets me from Point A to Point B.” But these friends of mine have other redeeming qualities.

The point is, your reader may not understand or care about this brand reference that is so important to you. Why spend your valuable writing time on a reference that may be lost to a large portion of your readers?

2.) Some of your readers may absolutely hate the brand you love.

Yes, it’s true. Not everyone likes Ford Mustangs. I know, that’s awful, right? Like, who doesn’t absolutely adore Mustangs? Well, maybe the reader whose ex-boyfriend drove one. You never know. And now your heroine is driving one. So your reader is now remembering that terrible breakup…Annnnd that may be enough to make her put your book down. Right. Now.

3.) One day soon, name brands will make your novel seem quaint.

This has always been true, but it is even more true today because tastes change faster than ever. Granted, there will always be the edgy contemporary novel that is deliberately trendy. And there is the novel that is all about designer brands. But that’s not the norm in CBA.

Generally speaking, if you want your work to be read more than six months from now, or if you are going the traditional publishing route, you want to be on trend but not ridiculously so.

4.) Using name brands to teach a lesson can backfire.

You may be trying to make a character unlikable to make a statement about snobbishness and/or stewardship and, in doing so, deck her out in designer duds. Perhaps this is a minor character you don’t think anyone will care about. However, by using this character as a straw woman to take the hit and to be a Sunday school lesson, you may be turning off readers.

What if the reader herself wears the designer duds you so despise? Or what if this “terrible” character is just like the reader’s beloved aunt? You may inadvertently turn off a reader by this form of preaching. Readers will easily see that they are being criticized and they won’t like it — or your book. So tread carefully here if you choose to tread at all.

5) Legal pitfalls

Before you use a trademarked brand name in your fiction use a little legal caution. There are things like “defamation” and “infringement” that can be troublesome. Simply refrain from saying that particular car brand is the “worst car ever made.” There are some excellent articles online to help if you are concerned:
Rights of Writers
Trademarks in The Fault in Our Stars
Daily Writing Tips

Are brand names absolutely forbidden in contemporary fiction? Of course not. Not when it makes sense to use them. But if a silver sedan for one reader is a Mercedes-Benz S class and for another, a Lincoln MKS and for another a Kia Optima, then let the reader enjoy the ride.

Your turn:

What other reasons can you give for not using name brands?

Can you think of reasons when using name brands are effective?

 

Leave a Comment
Category: Copyright, Craft, Legal Issues, Writing CraftTag: Copyright, Craft, Legal, Writing Craft

The Sale of Family Christian Stores Halted

By Steve Laubeon June 22, 2015
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In case you missed the news, late last week the judge presiding over the bankruptcy case of the Family Christian Stores (FCS), voided the auction results on which I reported three weeks ago (see that story here). There were a number of reasons for the judge’s decision. On page eleven of his 48 page ruling the judge called the auction process “nothing short of chaotic” and said that some mistakes …

Read moreThe Sale of Family Christian Stores Halted
Category: Book Business, Legal IssuesTag: family christian stores

Bidding Completed for Bankrupt Family Christian Stores

By Steve Laubeon June 1, 2015
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This past week a complex and long auction process was completed and a winning bid has been chosen to purchase the bankrupt Family Christian Stores (FCS). If this final bid is approved by the court the FCS will emerge from bankruptcy and resume business as usual. If you have been following this ordeal (our blog #1 and blog #2) you know how complicated it had become. The end game is no less …

Read moreBidding Completed for Bankrupt Family Christian Stores
Category: Book Business, Economics, Legal IssuesTag: Book Business, family christian stores, Legal

Largest Christian Bookstore Chain Declares Chapter 11

By Steve Laubeon February 16, 2015
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In case you missed it, last week the Family Christian Stores chain declared Chapter 11 bankruptcy. (See this link for their press release.) This is newsworthy because Family Christian Stores (FCS) is the largest Christian store chain in the country (when counting number of locations, not necessarily sales revenue), 266 stores in 36 states. In 2014 the chain did $230 million dollars in …

Read moreLargest Christian Bookstore Chain Declares Chapter 11
Category: Book Business, Legal Issues, Publishing NewsTag: bankruptcy, chapter 11, family christian stores, retail, royalties

Happy 85th Birthday Mickey Mouse!

By Steve Laubeon November 18, 2013
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by Steve Laube

 On this day in 1928 the film "Steamboat Willie" made its debut. The main cartoon character (almost named Mortimer!) was featured and Mickey Mouse was born.

You might ask, "So what? Other than fun trivia, what does this mean to me as a writer?" Actually the success of Mickey Mouse and the Disney empire cuts to the heart of today's copyright laws which affect you and your work. …

Read moreHappy 85th Birthday Mickey Mouse!
Category: Book Business, Copyright, Legal Issues, SteveTag: Book Business, Copyright, Legal

News You Can Use – March 12, 2013

By Steve Laubeon March 12, 2013
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Plagiarism and the Link - How one author got sued when his publisher forgot to include the proper hyperlinks in his article. Read this article before write another thing.

Legal Issues for Authors - Particularly Those Who Self-Publish - An interview with Paul Rapp and attorney who specializes in intellectual property law. (Click here for his many articles on various topics in this area.)

How …

Read moreNews You Can Use – March 12, 2013
Category: Copyright, Legal Issues, Steve

Implications of the Department of Justice Lawsuit Against Five Major Publishers

By Steve Laubeon April 16, 2012
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by Steve Laube

As you have heard by now the Department of Justice (DOJ) has leveled a lawsuit against Apple and five major publishers accusing them of conspiring to fix prices. There has been a lot written on the topic with varying degrees of understanding and a wide disparity of conclusions.

Authors are asking what this all means to them. And many are confused about the math involved. A …

Read moreImplications of the Department of Justice Lawsuit Against Five Major Publishers
Category: Agency, Book Business, Contracts, Get Published, Legal Issues, SteveTag: Book Business, Get Published, lawsuit, News, retail prices

Lawsuit over Hyperlink?

By Steve Laubeon December 20, 2010
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In Canada a man is suing another person for linking to allegedly damaging web content on a web site (the suit is currently before the Canadian Supreme Court).  A big "thank you" to Mac Slolcum for writing about this issue last week. In his article Mac asks the pertinent question, "Is a link on your web site equivalent to an endorsement of that content?" Think about it for a second. If you click …

Read moreLawsuit over Hyperlink?
Category: Book Business, Legal IssuesTag: Endorsements, Facebook, Internet Usage, Marketing

The Shack Gets Sued

By Steve Laubeon July 14, 2010
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Sad news from the LA Times that the author and publishers of The Shack are now in court fighting over the royalty earnings. Read the entire article here. Then weep. Then pray that cooler heads prevail and that it can somehow be kept out of the court system. The key element to the story, from my agent’s perspective, is that there was not a solid contract in place from the beginning. It …

Read moreThe Shack Gets Sued
Category: Book Business, Legal IssuesTag: Bookselling, Contracts, Get Published, Legal, Writing Craft
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