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.”

 

[Lord_Libido]

I think the bigger concern is that your audience doesn't get the references. We have an entire section on the website for celebrities and fanfictions, no one has sued the site over that.

 

[AlexIce]

I try to sneak a video game reference into some stories I write. For example, Carter in Little Whore plays Helldivers 2 briefly, while the name of the squad Mitch is separated from in 105 Degrees and Rising is called Rat Patrol One (Metal Gear Solid 4)