Pete_C

Slander is spoken, libel is written.

It's a grey area, but not very grey.

If a work of fiction involved a spate of cars from a Toyota plant exploding, they can't sue because it's fiction.

If there were rumours of exploding Toyotas in the real world, and you wrote about this, it's slightly different. If a character talks about the rumours, it's fair comment. If a character insists the rumours are true, it's a character's opinion. If, in the real world, the rumours have been quashed but you refer to the incident as a point in history, there is an argument for defamation.

However, the reality is that Toyota ia trademark, and as such they could insist on you changing it! They won't, unless you call them all cocksucking baby murderers whose cars explode.

Toyota cars, by the way, are shit!

bpastermack

I've heard that you shouldn't unless you have to, because if the reader has never heard of that brand then it will confuse him. So only if it's necessary and it has to be a pretty universal brand. I think there are exceptions to that as well. For instance when talking about guns and specialty knives, even if the reader has no idea wht brand you are talking about it makes the user of them seem like he really knows what he's doing by mentioning the brand. If he just says a big gun, then it tells the reader he is not very experienced with weaponry.

I have a question similar to this. I use a lot of refrences to music in my book and just thought to myself, what if the reader has never heard of that song? Does it confuse him and make it less of a read for him. I would think most people would have at least heard of the singers, but I could be totally wrong. I think music can help set a mood. If the reader knows the song , then it will certainly add to the experience, but what do ya'll think?

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When we remember we are all mad, the mysteries disappear and life stands explained.
Mark Twain

Non Serviam

Assume your reader is as intelligent, well-educated and knowledgeable as you are.

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Quote:

Originally Posted by Olly Buckle The ways of the world are twisty and unknowable, the only way to be sure you are not caught out in something you regret is not to do things you may regret.

bpastermack

I never assume anyone is as intelligent as me?

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When we remember we are all mad, the mysteries disappear and life stands explained.
Mark Twain

Damien.

Of course no one is! All one needs to do is look at that smexy pic of yours to know your high intelligence.

Coffee!

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lin

One more piece of crap floating around the Writers Disinformation Network.
Some people like Brett Easton Ellis and William Gibson seldom mention an object without a brand name. It's part of what they are doing. Or they just like being specific. You see women's clothing names tossed out in MANY books. They might be familiar to women, but not to me. So do I get confused? Or do I take the context as to what kind of clothes they are... of just not care one way or the other?

So should you name cars in stories set in US, but not stories set in Russia because readers will presumably not be aware of Russian brands?

This is a really, really stupid "no-no", the whole thing. One of SO many.

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theusualmadman

Do you have to make a note of the copyright elsewhere in the book, like in the front? I think I recall seeing lists of trademarks, along with notations for songs used in the book. God forbid we'd have to license copyrighted trademarks just for a fictional mention!

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S . A . H u n t -- theusualmadman
Currently writing: "Children of Infinity", "Weatherhead"

lin

No. You say a fictional character is driving a Ford, that's it. It's not like song lyrics which are an intellectual property of another writer.

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Mike C

Spotted this quote today:

An author is a fool who, not content with boring those he lives with, insists on boring future generations.
- Charles de Montesquieu

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G. Palmer

The only hard rule in my book isn't to say anything negative. If you're going to have giant motor company that deliberately manufactures its cars to explode after 10000 miles of usage it's probably wise not to call the company Ford, or a company that makes software filled with bugs Microsoft.

Where to use 'product placement' really depends on the circumstances. I thought Ellis used brand names effectively in American Psycho -- but I also remember finding it jarring at first. Certain brands often have connotations towards upbringing, wealth, social status, character etc. Some authors use brand names effectively others use them horrendously. It all depends on the author and the circumstances it's used in really.