Using a real place or busines in a story

[Del The Obscure]

Hi,
I'm currently planning a plot outline for a story I want to set in a
town that I am very familiar with.
Part of this story involves a business being robbed, and again I'd
like to set it somewhere I am familiar with.
Do I have to ask permision to use their business in my story? If I
change the name (but not the location) would that be OK?
What about well-known people? I have just finished Jake Arnott's
'truecrime' which is full of references to real-life well-known
people. Would he have needed their permission to use their names?

TIA, Del
--

[Steve Maudsley]

Post by Del The Obscure
Hi,
I'm currently planning a plot outline for a story I want to set in a
town that I am very familiar with.
Part of this story involves a business being robbed, and again I'd
like to set it somewhere I am familiar with.
Do I have to ask permision to use their business in my story? If I
change the name (but not the location) would that be OK?
What about well-known people? I have just finished Jake Arnott's
'truecrime' which is full of references to real-life well-known
people. Would he have needed their permission to use their names?

I've crossposted this to uk.legal...

IANAL but my understanding is that you have to consider if those mentioned
would have suffered damages by the fictional parts of your story (and that
would have to be tested by a "reasonable person"). If what you say in the
story is true then you are OK, but you might need to consider whether you
can prove the true bits.

Stephen

[Livewire]

In article <***@assayer.co.uk>, ***@sjmaudsley.fsnet.co.uk
says...

Post by Steve Maudsley

Post by Del The Obscure
Hi,
I'm currently planning a plot outline for a story I want to set in a
town that I am very familiar with.
Part of this story involves a business being robbed, and again I'd
like to set it somewhere I am familiar with.
Do I have to ask permision to use their business in my story? If I
change the name (but not the location) would that be OK?
What about well-known people? I have just finished Jake Arnott's
'truecrime' which is full of references to real-life well-known
people. Would he have needed their permission to use their names?

I've crossposted this to uk.legal...
IANAL but my understanding is that you have to consider if those mentioned
would have suffered damages by the fictional parts of your story (and that
would have to be tested by a "reasonable person"). If what you say in the
story is true then you are OK, but you might need to consider whether you
can prove the true bits.
Stephen

A genuine town name is no problem. But see below.

I would stay well clear of businesses or individuals unless you ask
their permission. You might find you inadvertently cause them a real
problem which means they do something like take out an injunction to
stop your story/book being sold.

Likewise, don't use real premises with a fictional name if the premises
can be identified. The real owners could, again, hit you with the threat
of action if not actual action -- and publishers or retailers would
probably take the easy way out and cave in.

Be especially careful of creating a false location in a real town -- eg
"The little toy shop was on the High Street, just round the corner from
the town's best bakers" unless you can be sure there really isn't a
little toy shop on the High Street that just happens to be round the
corner from a baker's. Ignorance would be no excuse if you did end up
causing a problem.

Be careful with names, too. It's surprisingly easy to choose the name of
a real person of that town, who could claim it was them being written
about. Looking at the electroral role is a goos starting point.