NationStates Jolt Archive

I"m trying to write a novel, and I'm wondering whether I need permissions to to say brand names in my book, such as "wal-mart" or whatever?

Also, soyouwanna.com says that you gotta get a publisher before writing a book, but I see stephen colbert looking for publishers, and his new book already appears to be completed, so, I"m confused about that as well.

Can anyone help?

i see brand names mentioned in books all the time so it has to be legal to some extent. you should probably stay away from plotlines like walmart planning to take over the US government though.

in any case, if its a problem your publisher will tell you to change it.

i think that first time fiction authors usually have the whole thing written or mostly written before submitting it to a publisher. if you have a publishing history or are otherwise famous you might get a contract on spec.

i see brand names mentioned in books all the time so it has to be legal to some extent. you should probably stay away from plotlines like walmart planning to take over the US government though.

in any case, if its a problem your publisher will tell you to change it.

i think that first time fiction authors usually have the whole thing written or mostly written before submitting it to a publisher. if you have a publishing history or are otherwise famous you might get a contract on spec.
So, I actually gotta go to a publisher before writing a novel?

How 'bout self publishing services? how do they work?

"Brand names" (and the like) should be covered as fair use just as long as you don't have Wal-Mart plotting to invade Mexico or something.

You don't need a publisher before you start writing. Which is just as well because you probably couldn't get one.

So, I actually gotta go to a publisher before writing a novel?

How 'bout self publishing services? how do they work?

no. you have to have it at least mostly written before a publisher will consider taking the risk on an unknown author. when you submit to publishers you send the first 2 chapters but the rest needs to be already written in case they ask to see the rest.

the other possibility is to get an agent. if you convince someone to represent you they will seek out and negotiate with publishers for you. but you need to have your book at least mostly written for an agent to read before they will consider taking you on.

authors hate publishers with a passion. if you go through with this you have to learn to accept rejection without giving up or getting depressed over it.

self publishing is easier than ever but its very tough to promote your own book and get it sold in stores or online. its probably not worth the effort involved.

As a first-time writer, you have zero chance of getting a publisher before you finish your manuscript. You have only a very small chance of getting one afterwards. Writing is not an easy job to break into, by a long shot.

You can use brand-names with caution - generally, unless your book becomes wildly popular and you say negative things about their brand, the companies in question will neither notice nor care.

Self-publishing "works" in the sense of "you can get yourself a copy of your book, and it will look like a book and stuff." It does not "work" in the sense of "anyone other than you, your family, and your friends will ever see your book."

i see brand names mentioned in books all the time so it has to be legal to some extent. you should probably stay away from plotlines like walmart planning to take over the US government though.

in any case, if its a problem your publisher will tell you to change it.

i think that first time fiction authors usually have the whole thing written or mostly written before submitting it to a publisher. if you have a publishing history or are otherwise famous you might get a contract on spec.

"Brand names" (and the like) should be covered as fair use just as long as you don't have Wal-Mart plotting to invade Mexico or something.

You don't need a publisher before you start writing. Which is just as well because you probably couldn't get one.

An eerily similar line of thought...

An eerily similar line of thought...

I was actually going to go with "poisoning children" but then I realised "hey, that happened!"

You can use brand names in any way you want as far as I know. We are on the forums of Max Barry's website right? Syrup has parts inside Coca-Cola. Jennifer Government has brand names, Nike and such.

Unless the laws have changed, the corporations can't touch you. It is fiction.

An eerily similar line of thought...

How did you find out? cleanup on Nationstates general! *thread vanishes*

I'd say write the story, and then have someone look at your draft and outline to check for potential legal issues.

besides, the writing part is enjoyable; the getting a publisher part sucks. may as well get some fun out of it eh?

I was actually going to go with "poisoning children" but then I realised "hey, that happened!"

Just wait a few years and you will probably be able to say the same thing about the invasion.

As a first-time writer, first WRITE YOUR BOOK. Just do it the way you want to, take your time, make it the best work you can do. THEN think about getting it published.

Research the business. I recommend the magazine and other publications of Writers's Digest, Inc. They are trade publishers for writers -- how to's, market guides, legal guides, etc. Their annual Writer's Guides (there's a separate one for fiction) are good references for publishers and what they are looking for (expensive, but you can usually use one at a library for free).

Remember, as a first timer, you are part of a vast, nameless, faceless herd of wannabe bestsellers. Agents and publishers are in the business of finding new people to make money off of, but they have very little time to spend vetting the hundreds of manuscripts they get offered every month. So FOLLOW THEIR GUIDELINES FOR SUBMISSIONS! They exist for a reason. AND DON'T TAKE NO FOR AN ANSWER! If one rejects you, just put him/her down at the bottom of the list to come up again later in the rotation, and keep sending that book out.

As to agents versus publishers: There is disagreement over how necessary agents are. As a first timer, you will have trouble getting in with either a publisher or an agent, so you may as well submit to both -- i.e. submit to agents, and also submit to publishers whose guidelines say they accept unagented manuscripts. HOWEVER (IMPORTANT), if an agent offers to pick up your book, RESEARCH THAT PERSON FIRST! Check their credentials and success rate, make sure they belong to your country's relevant professional organizations, don't sign anything that you don't understand, and be prepared to have to crack the whip on them to keep your book on the top of their to-do list.

NOW, ABOUT TRADEMARKS AND COPYRIGHTS (BRAND NAMES):

When a book uses real brand names, it most certainly does have to have permission from the owners of those brands to do so (usually for a fee). There are lawsuits filed about this every year.

It is not the author's job to get that permission. It is the publisher's job to do it.

That means you can just write your book the way you want, and all that legal stuff will get sorted out in the process of getting it prepped for print. If there is anything the publisher can't get permission for, they might ask you to edit it out. If you find yourself dealing with an agent or publisher who says you have to be the one to get the permissions, get a different agent or publisher.

Note, however, that if you self-publish, then you will have to be the one to get the permissions.

I hope you do well with your book!

You don't have to obtain copywrits in order to use brand names. And finding a publisher before you write your book isn't necessary either.

Here's a couple of good resources if you're interested.

http://www.firstwriter.com
http://www.selfpublishing.com

Hope that helps. :D

There are also writer's forums on the Internet if you ever want to join one. But there are also good resources for writers out online. If I come up with anything else, I'll pass it along. :)

I have decided to self-publish my book and have done a lot of research on the subject. Traditional publishers are very expensive and a lot of the bigger ones won't even take your manuscript unless you have an agent. Plus, I have heard stories about authors who had to change there manuscript several times before they would even take it.

Also, the wait time can be up to a year and a half.

Here's a great self publisher I found. They are one of the best in the industry:
http://www.infinitypublishing.com

Marketing your book is possible, there are self publishing success stories, but it's probably more difficult.

I've never published before, so I have yet to go down the road of marketing. But even that can be fun. It will also be time consuming. :)

I have decided to self-publish my book and have done a lot of research on the subject. Traditional publishers are very expensive <snip>
An ethical traditional publisher does not cost the writer a dime. Publishers that charge fees to a writer to get their book published are so-called "vanity presses," and they should never, never be used.

The downside of traditional publishers versus self-publishing includes, first, the massive chasm of rejection the writer must overcome, and second, that the writer has to wait longer to see money from sales, because the publisher will recoup their expenses for production/distribution first.

The downside of self-publishing versus traditional publishers is that the self-publisher has to carry all those costs plus the legal responsibilities themselves, as well as compete with the traditional "big boys" when it comes to getting their books into shops. Also, there's no such thing as an advance for a self-publishing writer.

Both have advantages and disadvantages.

i suppose it depends on what you want to get out of having your work done up in book form but i cant see self publishing being a good route if you want lots of strangers to read your book.

few authors are up to the task of publishing and marketing a book. its a skill set that not all that many people have.

I"m trying to write a novel, and I'm wondering whether I need permissions to to say brand names in my book, such as "wal-mart" or whatever?
"Brand names" (and the like) should be covered as fair use just as long as you don't have Wal-Mart plotting to invade Mexico or something.Considering what Max Barry has Nike do in "Jennifer Government", without asking for permission to use their name, I don't think you need to be too worried.


Self-publishing "works" in the sense of "you can get yourself a copy of your book, and it will look like a book and stuff." It does not "work" in the sense of "anyone other than you, your family, and your friends will ever see your book."There's not a good chance it will work, but it can. You can browse Lulu.com for self-published books, and some people do very well (and thousand times more don't). Some even get picked up by professional publishers.
If you're good enough to be a writer, self-publishing is a way to get people to know that. As is publishing your work online. You can even put your work online for free and still get published regularly (like for instance Cory Doctorow).

Considering what Max Barry has Nike do in "Jennifer Government", without asking for permission to use their name, I don't think you need to be too worried.


Do we know that he didn't get Nike's permission? In the US, at least, the First Amendment would give him the right to say whatever he likes about Nike, so long as it is clear that it is fiction. As far as I know, the only thing he would need permission for is the ability to use the trademarked name "Nike", and for that he would only have to spell it right, include the trademark notice somewhere in the book itself, and pay whatever fee Nike charges for such use. Nike would not have a right to challenge the content of his book, though, unless they could show plausibly that he was slandering them.

In fiction writing your allowed to use names of companies ETC.
It is Fair Use. You can even make them the bad guy and have them instigate mass murder ETC.

Only time it becomes an issue is if you take a current product of theirs and portray it in a negative light. For instance the show Hero's portrayed an accident with a garbage disposal injuring someone's hand and the company sued because their brand name was visible. because it portrayed their sinks as unsafe.

I"m trying to write a novel, and I'm wondering whether I need permissions to to say brand names in my book, such as "wal-mart" or whatever?

Also, soyouwanna.com says that you gotta get a publisher before writing a book, but I see stephen colbert looking for publishers, and his new book already appears to be completed, so, I"m confused about that as well.

Can anyone help?

It's funner to make up your own brand names. You do NOT need a publisher before you write a book. I have written 4 books and never had a publisher pre-writing them. 3 of them are even published! (The last one is being edited)

Thanks for the help, everyone! :fluffle:

Thanks for the help, everyone! :fluffle:

so whats your book about?

so whats your book about?
My nation name should be a BIG hint. ;)

My nation name should be a BIG hint. ;)

so its disney inspired?

I"m trying to write a novel, and I'm wondering whether I need permissions to to say brand names in my book, such as "wal-mart" or whatever?
Ring them up or write to them and ask, they'll probably want to know what the context is, but if it's just "Jim went to wal-mart and bought some beers" or whatever, they'll probably be alright with it.

so its disney inspired?
lol, no. inspired by the (dwarf) planet pluto.

My nation name should be a BIG hint. ;)
I'm quite tempted to use my nation name as a nom-de-plume. Either that or use my mother's maiden name. Apparently it helps if you have a name that stands out.

I'm quite tempted to use my nation name as a nom-de-plume. Either that or use my mother's maiden name. Apparently it helps if you have a name that stands out.
My nation name is the title. how's that for standing out? :p

lol, no. inspired by the (dwarf) planet pluto.

ohhhhhh my mistake

so, remembering the OP....

brand names on pluto?

My nation name is the title. how's that for standing out? :p
Well, yeah, but people expect your book to have an interesting name. That's just good practice. Having an interesting name yourself, though, now there's a distinguishing characteristic. :D

ohhhhhh my mistake

so, remembering the OP....

brand names on pluto?
On Earth. Starts out on Earth, then the story evolves to encompass a large region of space.

Obviously, it's sci-fi.
Well, yeah, but people expect your book to have an interesting name. That's just good practice. Having an interesting name yourself, though, now there's a distinguishing characteristic. :D
You're right. as always. :fluffle:

Another question: how do I beat the demons of procrastination and distraction and get my book done? :p

Another question: how do I beat the demons of procrastination and distraction and get my book done? :p

Plagiarize
Don't forget why the Good Lord made your eyes
So plagiarize, plagiarize
But don't forget to call it, eh, "research."
That's from memory, so cut me some slack if I messed up anything.

http://blog.writersdigest.com/qq/Are+You+Using+Trademarked+Words+In+Your+Writing.aspx

http://www.publaw.com/fairusetrade.html

Another question: how do I beat the demons of procrastination and distraction and get my book done? :p

NaNoWriMo! Only do it now. NOW! Write everything now, even if it's shit, edit later.

NaNoWriMo! Only do it now. NOW! Write everything now, even if it's shit, edit later.

good advice!

you have to edit later anyway, revise, rewite, replot, tweak the prose here and there, add subplots, remove characters, whatever.

so get down "on paper" what is in your head now and understand that its a first draft that will have to be worked on for a long time.