Fair Use Question - Writers Forum

Sid Hartha · 12-06-2006, 04:22 PM

Hi,

I'm writing a non-fiction book that I will self publish and sell for a profit. It's about business/economics and I had a question about whether or not its OK to use several companies' trademarked names in the book.

Without going into what the book is about, there are 4 or 5 companies I would like to refer to that are real world examples of companies employing specific business models that I will discuss in the book. There would be factual information about the companies as well as some opinions supported by my reasoning behind those opinions. They are not negative opinions really, but I could see how some of the companies would prefer not to be mentioned in the book.

If I don't slander or lie about the companies and I don't imply that I am affiliated with orendorsed by the companies, is it legal for me to mention them by name even if they prefer not to be mentioned in the book? Is it OK for me to make money off the book that mentions these companies as examples? What if I did have a negative opinion about their business models, but it was clearly an opinion and I gave arguments supporting it? If it damaged their companies (for instance by causing others to look at their companies in a negative light), in order to go after me legally, would the companies simply have to prove that the book damaged their businesses or would they have to prove that it damaged their busniesses because I lied about some factual thing (which I will be sure not to do)?

Thanks.

P.S. I realize that a self published book probably won't come to the attention of the major corporations I am taliking about, but for the sake of argument, assume they found out about the book and I was making money off of it.

cbrmale · 12-06-2006, 09:46 PM

There is one suggestion only, before you invest time in this project you should obtain legal advice.

aspiring · 12-07-2006, 02:39 AM

agreed. We aren't really qualified to answer that question here. I would definitely advise you to talk to a lawyer who specialises in this area.

Rob · 12-07-2006, 02:54 AM

Just go ahead and write it and self-publish. Don't worry about what the big companies will think. You can worry about that afterwards. The main thing is to get it written. I'm sure you'll be fine. If not, you can always take them on in court, and think about the publicity for your book if that happens!!! Wow, man!!!!!!

Cheers,
Omni

aspiring · 12-07-2006, 03:16 AM

Quote:

Originally Posted by Omnius

Just go ahead and write it and self-publish. Don't worry about what the big companies will think. You can worry about that afterwards. The main thing is to get it written. I'm sure you'll be fine. If not, you can always take them on in court, and think about the publicity for your book if that happens!!! Wow, man!!!!!!

Cheers,
Omni

Please ignore this 'advice'. If you worry about it 'afterwards', that worrying could cost you a lot of money. Having a self-published book will be no consolation if it bankrupts you.

Mike C · 12-07-2006, 08:40 AM

I agree with aspiring. I can only assume omnivorous was being humorous, as it's the worst advice I think I've ever seen.

Casey · 12-07-2006, 10:11 AM

Are you questioning the companies themselves or the business models? It seems like using published statistics (properly citing the sources of course) should be enough to support your views of those specific models. It sounds like you're using the book to express your personal feelings about the companies. I agree that you should get legal advice if you're in doubt. I'm just questioning your motives here.

mammamaia · 12-07-2006, 11:03 AM

ditto all the above except omnius... especially mike's addition...

Sid Hartha · 12-07-2006, 12:18 PM

Thanks for the replies, guys...

The truth is, I can probably do the book fine and just avoid putting the names of companies in to be on the safe side. I was only going to use a couple of paragraphs to mention them as examples of what I was talking about to clarify to the reader without dwelling on any of the specific companies. Maybe after I get it done I can send the companies a copy and then send the alternate version of the section (with their name) and just ask...if they say no, that's ok i suppose...not optimal, but OK...

Without going into too much detail...I'm not really meaning to criticize them, honestly...i actually mean to put them in a positive light...it's just that some of what I will say may be things some readers who have a different political/economic viewpoint than my own may see it in a negative way...

Either way, if I put them in the book, I would take your advice and shell out the dough to have a conversation with a lawyer...

Thanks again