Using real life locations in a story ex: local restaurants

[JohnBJohn]

I like to set my stories in places that I've been to or lived in. I've enjoyed authors who weave their various stories around a central location, reusing locations and having older characters pop in as cameos. I'm not there yet....

So my question, is it ok to use real life businesses in yours stories? I would not have anything negative to say about the establishment and nothing shady would happen there. However, is it kosher to mention an IRL place on a site devoted to erotica?

Thanks!

 

[ShelbyDawn57]

I like to set my stories in places that I've been to or lived in. I've enjoyed authors who weave their various stories around a central location, reusing locations and having older characters pop in as cameos. I'm not there yet....

So my question, is it ok to use real life businesses in yours stories? I would not have anything negative to say about the establishment and nothing shady would happen there. However, is it kosher to mention an IRL place on a site devoted to erotica?

Thanks!

I use local landmarks quite often. What I try to do, though, is not use specifics. For the sports bar I go to, I created a fictitious name, Halftime. I also created a fake dance club in a shopping center called the Domain. The domain is read. Club Zed, not so much. I also think specific streets and specific parts of town are safe to use. No addresses. This is just me, though. Others may disagree. I'm sure they'll let us know.

 

[MrPixel]

I've used identifiable real locations for years. Rarely (or maybe never) in a negative context.

I'm sure the harried waitress at the Denny's in Kingman, AZ only wishes she caught my MMC masturbating the FMC under the table to orgasm.

 

[JohnBJohn]

I use local landmarks quite often. What I try to do, though, is not use specifics. For the sports bar I go to, I created a fictitious name, Halftime. I also created a fake dance club in a shopping center called the Domain. The domain is read. Club Zed, not so much. I also think specific streets and specific parts of town are safe to use. No addresses. This is just me, though. Others may disagree. I'm sure they'll let us know.

That makes sense! Depending on what other feedback I receive, I may use a parody name instead.

 

[JohnBJohn]

I've used identifiable real locations for years. Rarely (or maybe never) in a negative context.

I'm sure the harried waitress at the Denny's in Kingman, AZ only wishes she caught my MMC masturbating the FMC under the table to orgasm.

Lol.... Although using the name of a chain restaurant where you could plausibly be talking about any one of a number of locations is, at least in my mind, different that referencing a unique location. But I guess a chain restaurant would have the resources to keep an eye on their trademark being 'misused' in erotic stories.

 

[SkyBubble]

If you know of a defunct local business, would that help? Like the sandwich shop where the kids used to hang out that went out of business?

 

[SkyBubble]

What if you come up with a fictitious name, only to discover that there actually is such an establishment, but not in the location where you're setting your story?

 

[JohnBJohn]

If you know of a defunct local business, would that help? Like the sandwich shop where the kids used to hang out that went out of business?

Not too many places in my local area closed that I'd want to hang out or invite someone to dinner. Downtown is a little different, but these characters are a little older and the Gaslamp can be an ordeal.

 

[JohnBJohn]

Then plausible deniability kicks in and it legally isn't the same place. But good point.

 

[SkyBubble]

For example, there was a place that was the place where the kids all hung out when I was in college. OK pizza, great subs. Had a jukebox, a couple of pinball machines, about 4 tables. Mostly takeout and delivery.

Sadly, it's no longer there for the current generation at my alma mater to enjoy. But If I used its name and described the old place fairly accurately and specifically, I don't think that would be a problem.

 

[JohnBJohn]

Makes sense. I'll have to ask my wife, she's been here longer than I have. Thanks!

 

[Actingup]

Describing it without naming it might be safest (also, places do change names and owners etc over time). There was a really well known Asian fusion place I used in a story without naming it, but the last time I went there, it had gone sadly downhill. It lives on in the story as it was in its glory days.

 

[JohnBJohn]

Describing it without naming it might be safest (also, places do change names and owners etc over time). There was a really well known Asian fusion place I used in a story without naming it, but the last time I went there, it had gone sadly downhill. It lives on in the story as it was in its glory days.

Yeah, I'd hate for Lit to get a take down notice and my story disappear. Likely to happen? And if it did, it is a fight that could easily be won. But lawyers cost money and I do not see Lit (or myself) putting any money to defend a semi-random mention that could easily be changed.

 

[Actingup]

Yeah, I'd hate for Lit to get a take down notice and my story disappear. Likely to happen? And if it did, it is a fight that could easily be won. But lawyers cost money and I do not see Lit (or myself) putting any money to defend a semi-random mention that could easily be changed.

But also - if you get the description right, the reader can relate to a place that's special for them that has similar characteristics, or that lives on in their own memory. Using the real name can get in the way of that.

 

[Bamagan]

I like to set my stories in places that I've been to or lived in. I've enjoyed authors who weave their various stories around a central location, reusing locations and having older characters pop in as cameos. I'm not there yet....

So my question, is it ok to use real life businesses in yours stories? I would not have anything negative to say about the establishment and nothing shady would happen there. However, is it kosher to mention an IRL place on a site devoted to erotica?

Thanks!

Is it ok in a legal sense? Usually, especially if all you're doing is a name drop. If you make it too identifiable, there's a slight chance that someone else who knows the location may assume your story is about a real person, perhaps even about themselves, and could petition the site to remove the story on those grounds. As it would be very difficult to prove the case one way or another, the site might want to err on the side of caution and not repost it without significant edits. That being said, I've never heard of such happening, so it's quite likely not worth worrying about.
On the other hand, with a global audience, keeping businesses generic can help keep a story focused on the characters and/or plot, rather than having the reader wonder what the heck a Menard's even is (for example).

 

[MrPixel]

...what the heck a Menard's even is (for example).

Local color is half the fun.

 

[Kumquatqueen]

I use a fair bit of real detail - people have joked I'm sponsored by the Premier Inn hotel chain. But any business I mention is in a positive or at least neutral light - if I'm insulting a venue like a chain of hotels, I'll make up a name just to be on the safe side, e.g. Sleepylodge.

Of course this leads to comments like "Bit disconcerting to read about my dad's favourite restaurant in an erotic story. The squid starter was amazing." (the Eraina Taverna in Cambridge, an institution for many years, sadly closed)

 

[THBGato]

I use names of real streets, landmarks, bars, clubs, radio stations, hairdressers and venues in Bristol all the time. Never occurred to me to worry about the legality, but then I'm not slandering anyone.

I often get comments from readers who know Bristol complimenting me on this. In contrast, when I read another story set in Bristol that didn't mention a single location or landmark by name it felt very weird and fake as a result. Like, why bother using a real place if you aren't going to actually use it?

 

[XerXesXu]

I always use real places; I write what I know. If something disreputable occurs there, I'll change the name of a particular business premises. Characters, I rename, mash-up, or create.

 

[ElectricBlue]

Yeah, I'd hate for Lit to get a take down notice and my story disappear. Likely to happen? And if it did, it is a fight that could easily be won. But lawyers cost money and I do not see Lit (or myself) putting any money to defend a semi-random mention that could easily be changed.

You're overthinking this. Describe the place, change the name.

 

[Bamagan]

Local color is half the fun.

It can be a nice Easter egg or inside joke for those in the know, sure. Or it can be a handicap, like using a celebrity that isn't as recognizable as the author thinks, in order to avoid having to describe a character's looks. A lot of the time stories work perfectly well if places are simply 'the coffee shop' or 'the fancy restaurant' and so forth. Mostly it's a matter of personal style or the needs of the individual story, I expect, and I don't have a rigid stance to defend, although my own preference tends to be on the side of not bothering with such details unless they serve more than just the purpose of suggesting the author has been to the place(s) described.

 

[TiberiusPrime]

If people pay attention to my writing, they'll know that every single thing I've written mainly takes place in the Chicago area or at least starts there. To date, I don't believe I've published anything that directly relates to a real life restaurant or establishment, but I do have a WIP where I have.

 

[Venefica]

I see potential legal problems.

If the name is a trade mark you get a legal problem. And companies my not like it to be mentioned in a porn novel.

 

[NotWise]

My stories, if they're set locally, often use local cafes and restaurants. I'll use the actual name is some cases and not in others, depending on my gut instinct. Is the name distinct? Would people recognize it? Would ownership care? Is the place represented as offering bad food, bad service? Can I conveniently use a shortened name or nickname for the location? Does the story use the location to depict actions that could be offensive? and so on.

It's probably a bad idea to depict any event at the location that could be considered damaging to their reputation.

My WIP is set in a town near here, and I've used some actual names, some shortened names, or I've avoided names entirely. In the latter case, some of the locations could be identified anyway based on the product they sell.

 

[SimonDoom]

I see potential legal problems.

If the name is a trade mark you get a legal problem. And companies my not like it to be mentioned in a porn novel.

Merely using a brand name in a story doesn't present a trademark problem. Novelists do this all the time. Trademark infringement arises when the use creates a likelihood of confusion -- in this case, perhaps the implication that the brand owner endorsed or is affiliated with the story. But in 99 percent of cases this would be so implausible that it's not a worry. It's hard for me to imagine it being a problem here.

MelissaBaby wrote a story called "White Castle Christmas." No problem.

I think Bamagan is right that the bigger concern would be if you were writing about a particular restaurant at a particular location and said something that might give rise to a claim of defamation, or maybe invasion of privacy.

I generally do not use real settings for my stories. My stories are generally set in fictionalized settings and places that are based loosely on real places I've been or know well.