Brand names, real people, etc. in stories?

[ungenderless]

Can you submit stories to LIT that use real names? For example, can I say that one of my characters was listening to Britney Spears while drinking Pepsi?

 

[Rumple Foreskin]

Yes, but use 'em carefully. Most products, such as Pepsi, are trademarked. Use "Coke, Kleenex, Thermos, Xerox" w/o proper attribution and you run the risk of a tap on the shoulder from company lawyers. The names of celebs and real places are usually fair game unless used in a disparaging manner. Then things can get iffy.

Rumple Foreskin

 

[oggbashan]

I put a disclaimer in the copyright notice at the start of my story if I use a brand name. I don't use a brand name adversely.

Fan fiction has its own rules. I never use real people or real people's names. Everything is fictional.

This is my copyright notice:

*************************************************

Copyright Oggbashan July 2004
The author asserts the moral right to be identified as the author of this work.

This is a work of fiction. The events described here are imaginary; the settings and characters are fictitious and are not intended to represent specific places or living persons.


*************************************************

 

[R. Richard]

Can you submit stories to LIT that use real names? For example, can I say that one of my characters was listening to Britney Spears while drinking Pepsi?

Let me add to Rumple's excellent answer. If you have a character use a product in a respectful manner, probably no problem. Even if the villain drinks a Coke, should be no problem. If the villain thinks that Coke tastes like urine, maybe BIG PROBLEM! Similarly, if you have a movie star doing something typical, probably no problem. If you have the same movie star tourturing animals or hiring a gangbang, maybe BIG PROBLEM!

 

[ungenderless]

Hmm...that's good advice, but very subjective. So in other words, there's no actual statement in the TOS or anything, but just use smart judgement. So there's nothing wrong with saying "The beat of Paul Oakenfold's new song pulsed through her speakers while she checked her inbox."

 

[R. Richard]

Hmm...that's good advice, but very subjective. So in other words, there's no actual statement in the TOS or anything, but just use smart judgement. So there's nothing wrong with saying "The beat of Paul Oakenfold's new song pulsed through her speakers while she checked her inbox."

Should be no problem at all, but it is very subjective.

It does you no good to say, "All of my characters are fictional only," if you then reference a real, live movie star, rock star or whatever. However, if Paul Oakenfold were to sue for damages, what damage did you do?

 

[ungenderless]

Should be no problem at all, but it is very subjective.

It does you no good to say, "All of my characters are fictional only," if you then reference a real, live movie star, rock star or whatever. However, if Paul Oakenfold were to sue for damages, what damage did you do?

Being associated with Lesbian porn? Well, maybe not HIM, but some more conservative, perhaps homophobic musician?

 

[Lauren Hynde]

Being associated with Lesbian porn? Well, maybe not HIM, but some more conservative, perhaps homophobic musician?

There would still be no problem at all. A fictional character can listen to whoever the fictional character wants. The records are out, radio stations play the songs, it is officially part of the pop-culture background.

If you had the musician him- or herself as a character, then you might be in trouble.

 

[Weird Harold]

Hmm...that's good advice, but very subjective.

Most questions involving "Fair Use" are highly subjective -- and this is one.

In general, if your story is set in the "real world," then anything that might be encountered in the real-world is fair game for inclusion in the story -- there is requirement that fictional characters exist in a brandless, generic, setting.

There is also nothing to prevent your characters from expressing preferences or opinons about brand-name products -- even to the point of a character with a passion for Coca Cola saying that Pepsi tastes like piss; real people take sides in the "Cola Wars" and Characters have the same freedom to take sides.

Where you run into problems is when you start editorializing about a brand name in a way that you "damage its image" -- there is where the fine line between opinion and "defamation" or "Libel" rears its ugly head.

For the most part, if you stay away from extreme negative depictions of a product, the principle of 'no publicity is bad publicity' is probably going to apply.

 

[TheEarl]

Has anyone ever read any Max Barry books? He's famous for Jennifer Government, but his earlier book Syrup has examples of brand name usage too.

In them, he has:

- Coke acting in a highly unscrupulous manner, complete with infighting, corporate coups and intellectual property theft.
- Nike executives arranging a marketing scheme of shooting people who buy their new shoes, in order to create a buzz of "Shoes so exclusive that people are getting shot and robbed for them."
- Two major loyalty cards building armies and declaring war on each other.

His answer:

People often ask how I get away with using real company names in my fiction. I'm not completely sure; all I know is I keep using real company names and they keep not suing me. But I can think of two possible explanations. One is that my novels are protected free speech, since they're clearly parodies and don't allege actual misdeeds. That is, when I use a real company name, it's just like using a real place name -- and the City of Los Angeles has yet to sue James Elroy. The other explanation is that I always use highly visible, brand-name companies, and suing a comedy writer would be terrible PR.

The Earl

 

[Dr_Strabismus]

I never use explicit terms like "Coke" or "Pepsi" in my stories. I prefer to say "carbonated drink" and leave it to the readers' imaginations.

 

[slyc_willie]

For the most part, my understanding is that anything that is in the public eye is pretty much fair game. I use brand names now and then in my stories and have never been called on it. In the science fiction stories I have had commercially published in the past, I have used some brand names of popular products, without making them a focus for the story.

In the novel Red Dwarf (one of the best pieces of sci-fi spoof ever written, i think), there is a reference to the ultimate conclusion of the Coke-Pepsi wars in which Coca-Cola finally won by having hundreds of stars detonated at the same time, so that the words 'Coke Adds Life' would burn in the sky. As far as I know, the author has never been attacked by either Coca-Cola or Pepsi.

As far as famous people go, they're fair game. Take a look at the Celebrities section and some of the personalities that have been written about. Some of the stories can be quite insulting to the actual celebrity, but there really is little they can do about it.

For instance, there is one story about a man who sneaks into Britney Spears' hotel room and has sex with her, discovering that (as far as the story goes) Britney is actually a man. The story goes into great detail about 'her' life as a boy, and alludes to Britney having had sex with Justin Timberlake, which suggests that he is at least bisexual. Both stars would doubtless be insulted by the story, but really, there isn't much legally they could do.

Ultimately, I doubt anyone would bother to complain about being specifically mentioned, or even written about, in an erotic story.

 

[S-Des]

Let's not forget that if you actually did piss off someone enough for them to bother you, they'd simply notify you to take it down (I had that happen to a friend, whose band used Mickey Mouse's likeness...Disney doesn't have a sense of humor). As long as you aren't profiting from their product, there's nothing they can do, other than threaten you. After a quick edit (and the 7 day wait for it to post), you're in the clear. But it is seriously doubtful that anyone from a major corporation would mess with a writer on a free adult site. If nothing else, they wouldn't want the publicity (could you imagine the headlines...Disney sues porn site for describing Mickey's genitals... ).

 

[ungenderless]

As long as you aren't profiting from their product, there's nothing they can do, other than threaten you.

Good point.

 

[R. Richard]

Quote:
Originally Posted by S-Des
As long as you aren't profiting from their product, there's nothing they can do, other than threaten you.

Good point.

OK, so you write a humorous little piece that maybe damages, let us say, Disney. Your little story is published in Literotica and you laugh when the Disney lawyer calls. Then your story is picked up by a major publication and you get paid. The Disney lawyer calls again and you get unpaid and more.

I would even disagree with D-Des. If you publish a story where one of your characters says, "Pepsi is poisonous," you might well wind up in court. Of course, Pepsi is not poisonous and you have written something that could impact the sales of a major corporation. The fact that you have no money now will not protect you in the future.

JMHO.

 

[Roxanne Appleby]

Yes, but use 'em carefully. Most products, such as Pepsi, are trademarked. Use "Coke, Kleenex, Thermos, Xerox" w/o proper attribution and you run the risk of a tap on the shoulder from company lawyers. The names of celebs and real places are usually fair game unless used in a disparaging manner. Then things can get iffy.

Rumple Foreskin

Yeah, but might any mention of these things in a porn story be construed as disrespectful or disaparaging?

"She greedily swallowed ever drop of his jism, then washed it down with a satisfying draught of Pepsi, the pause that refreshes."