Referencing video game titles and characters in a story

[TheWritingGroup]

Not a lawyer, but it strikes me that this falls entirely within ‘fair use’. It’s akin to saying in a story that you met at McDonald’s and had Big Macs on a first date. Dissing the game would be another thing, but just mentioning it seems okay.

Dissing a game is actually more strongly protected in the USA. Reviews are a clearly cut-out exception to copyright law.

--Annie

 

[Kelliezgirl]

Dissing a game is actually more strongly protected in the USA. Reviews are a clearly cut-out exception to copyright law.

--Annie

Dissing in the context of a review, yes.
Dissing in a work of fiction is where it gets interesting, because reputation damage is a consideration.
If your characters are meeting for a quick lunch, sending them to McDonald's is fine.
If one of them is going to get food poisoning, probably best to send them to a fictional local burger place.
Not a lawyer, YMMV.

 

[iwatchus]

Having just bashed McDonald's in my Winter Holiday story, I hope they don't come after me ...

 

[Kelliezgirl]

Having just bashed McDonald's in my Winter Holiday story, I hope they don't come after me ...

I think it would have to be pretty bad before they risked the Streisand Effect.

 

[iwatchus]

I wasn't seriously worried about it, but my admittedly bitchy FMC (I had multiple people comment that they stopped reading because of her attitude) is a vegetarian and a baker, so she had something to say:

“Were you expecting a McDonald’s or something? Um, I think we already discussed that I’m a vegetarian. And my professional pride will not let me touch any of their disgusting bread-like substances they put stuff on.”