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Post by marquessa on Jan 9, 2022 11:25:10 GMT
Do we have any legal eagles on board here? In my novel I've mentioned a drive thru called ‘Fried Chicken Shack,’ where the protagonist makes a derogatory remark about his meal. I’ve researched this business name and there are many restaurants and takeaways using the name ‘Chicken Shack,’ so I’m assuming that I can use this name as it’s not referring to any business in particular and the character making the remark is fictional and expressing an opinion only. I’m a little concerned, however that any of these businesses might see it as identifying one of their own restaurants, even though there is no town or city named in the novel, the setting is simply somewhere in the UK. I can’t see a business anywhere specifically called ‘Fried Chicken Shack,’ but if anyone here is an expert on the legal angle here, some advice might be useful before I go to publish
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Post by Retread-Retired-Cameron on Jan 9, 2022 13:55:11 GMT
Do we have any legal eagles on board here? In my novel I've mentioned a drive thru called ‘Fried Chicken Shack,’ where the protagonist makes a derogatory remark about his meal. I’ve researched this business name and there are many restaurants and takeaways using the name ‘Chicken Shack,’ so I’m assuming that I can use this name as it’s not referring to any business in particular and the character making the remark is fictional and expressing an opinion only. I’m a little concerned, however that any of these businesses might see it as identifying one of their own restaurants, even though there is no town or city named in the novel, the setting is simply somewhere in the UK. I can’t see a business anywhere specifically called ‘Fried Chicken Shack,’ but if anyone here is an expert on the legal angle here, some advice might be useful before I go to publish
A simple disclaimer: "This book is a work of fiction. While some names, places, events, and descriptions may mirror things in the real world, it's all fiction and purely coincidental. If the three-pawed cat stealing pancakes off a fictional patron's plate sounds like my cat, it's not because my cat is blonde, has never been in a restaurant, and the cat in the story is a calico."
The point is the disclaimer makes it clear that the story is fiction.
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Post by marquessa on Jan 9, 2022 15:04:48 GMT
Thanks, I have a disclaimer, but I'm still unsure. To quote from the link you posted "They can’t hurt and might help. While they are unlikely to stop a lawsuit, they may put an obstacle in the way." As anyone can bring about a lawsuit these days it means the author is left with the expense and stress of defending - even if the libel case is weak. Most self-publishers don't have the finances for legal hassle. If anyone here has worked in the profession I'd like to know their opinion...just to put my mind at ease.
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Post by BlueAndGold on Jan 9, 2022 15:16:50 GMT
You could change the name to "Fried Chicken Shed" or something just a little more removed.
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Post by Retread-Retired-Cameron on Jan 9, 2022 16:33:57 GMT
Thanks, I have a disclaimer, but I'm still unsure. To quote from the link you posted "They can’t hurt and might help. While they are unlikely to stop a lawsuit, they may put an obstacle in the way." As anyone can bring about a lawsuit these days it means the author is left with the expense and stress of defending - even if the libel case is weak. Most self-publishers don't have the finances for legal hassle. If anyone here has worked in the profession I'd like to know their opinion...just to put my mind at ease. Okay, in the US if you deliberately defame someone or their business you can be sued.
In a work of fiction if you wrote "He ate at Bill's Greasy Burgers owned by Biff Barf in Milwaukee and had dysentery for a week as a result!", and there actually was such an establishment owned by someone of that name in the city mentioned, then there would be a potential suit for defamation. It's about the specificity of what you're saying in print. You likely don't have anything to worry about.
Or you can follow the other moderator's advice. "You could change the name to 'Fried Chicken Shed' or something just a little more removed."
If you really need to hear it from a lawyer, your best recourse is to call the office of an attorney who deals with the literary field.
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Post by marquessa on Jan 9, 2022 17:24:46 GMT
Thanks again, I'll have a think about it. There are also a few places called 'Fried Chicken Shed,' in fact if you put just about any word pertaining to an eating establishment after the word 'chicken,' it almost always exists somewhere.
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Post by BlueAndGold on Jan 9, 2022 17:50:14 GMT
Fanny's Fried Fowl and Fritter Farm - Fine Family Freshness...
EDIT: Oops! "Fanny" is a bad word in Australia.
Franny's/Freddie's Farm Fresh Fried Fowl and Fritters
Chuckie's Chicken Char-broil.
OK.
Sorry.
Just trying to spark an idea for you.
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Post by BlueAndGold on Jan 9, 2022 17:57:49 GMT
I have a similar issue with a story of historical fiction. The places are real and some of the characters are actual historical figures, but their interactions with some of the main characters are fictitious. To make myself feel better about any liability, I changed the actual historical figures' names to something different, though close in pronunciation. A disclaimer, of course, will accompany the published work. I'd love it if someone more experienced in this regard would chime in.
EDIT: To be more specific, the fictional story takes place at the same time and place as actual historical events. The two actual figures were both notorious individuals who lived lives of murder and mayhem but have been killed and buried more than a century ago. I doubt their reputations could be tarnished further than what history records, but... ?
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Post by Retread-Retired-Cameron on Jan 10, 2022 12:34:53 GMT
I have a similar issue with a story of historical fiction. The places are real and some of the characters are actual historical figures, but their interactions with some of the main characters are fictitious. To make myself feel better about any liability, I changed the actual historical figures' names to something different, though close in pronunciation. A disclaimer, of course, will accompany the published work. I'd love it if someone more experienced in this regard would chime in.
EDIT: To be more specific, the fictional story takes place at the same time and place as actual historical events. The two actual figures were both notorious individuals who lived lives of murder and mayhem but have been killed and buried more than a century ago. I doubt their reputations could be tarnished further than what history records, but... ?
I don't think you have anything to worry about on liability. There are a ton of books where someone in the historical record has been a character in a novel and since the actions of the fictionalized character were in keeping with what the person likely would have done in the situation written about there was no defamation.
True crime or actual events type stories are where you have to be careful about defamation. Several years ago on the old Lulu Press board someone asked if it was okay to publish a story about the abuse they had suffered earlier in life. The person was advised that yes, you can, but it's wise to change names and locations as well as using a pseudonym and possibly pitching it as a fictional account to protect the innocent while avoiding potential legal issues. The person listened to the 'yes, you can' part and ignored the rest. To make matters worse, the case being written about was actively in the court system at the time of publication. The book was taken down after a week or so [it's been a while] -- something about people [including a judge hearing a case] not being amused. |
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Post by BlueAndGold on Jan 10, 2022 14:52:29 GMT
Thanks, Cameron. I feel better.
And about the "active case details published" - WOW! Oh, WOW!
I'll bet the judge was NOT amused!
Dang!
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Post by potet on Jan 10, 2022 15:58:57 GMT
Colombo's favorite hang-out? Change it to "Fried Cheek-'n-Grease Shack".  I enjoy a lot creating place names such as restaurants' - the Barchester, Pomfrit's, the Topnotchoff - in my sitcom Spiffies and Loonies. Here is a sample: PAM: I had to put up with Gloria during lunch at the Barchester. BARB: That dusty old place!? PAM: It is now a byword of cleanliness. I ceased to patronize Pomfrit’s last month. They’d become insufferably snooty, while the food they serve is lousy and full of chemicals. Besides the portions are unbelievably tiny. One needs a square meal after “eating” there. BARB: [laughing] Some have reported being purged by their specialty. PAM: [laughing] You probably mean their pair of prunes stuffed with kelp jam with a chili sauce. BARB: [laughing] Yes, that one! PAM: When they launched it, there was a carrot to match the pair of prunes. BARB: [amused] I see. How big? PAM: A pickled carrot no bigger than my small finger. Would you believe it, the prudes raised a big scandal over it, and they demonstrated before the restaurant, wielding placards with the slogan “no to porn”. The carrot had to be removed. BARB: Two prunes and one carrot! Oh yes, very naughty that is! I say, arrant obscenity that is! |
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Post by Retread-Retired-Cameron on Jan 10, 2022 16:37:52 GMT
Thanks, Cameron. I feel better. And about the "active case details published" - WOW! Oh, WOW! I'll bet the judge was NOT amused! Dang! Judges usually don't have any sense of humor when it comes to potential mistrials or what amounts to prejudicing a jury.
I have a novel I started back in 2012 or thereabouts [around 100K words when I set it aside] and it features some real world places, but all fictional characters. The general description of one of those places might tick a few people off, but the story is fiction and the character of that town at the time has been well-established in the news, some books, and various court cases.
At least in my story roughly 98% of humanity is dead thanks to a virus and the majority of the survivors aren't in their right minds. Could someone claim defamation, yes. Would they be likely to win a defamation lawsuit when the story is obviously speculative fiction with a disclaimer while also mentioning no actual people living then or now even in passing, not at all likely. |
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Post by potet on Jan 12, 2022 13:20:37 GMT
No thumb-up for my post! Perhaps I should stop using it for others.  |
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Post by marquessa on Jan 12, 2022 19:41:35 GMT
Thanks again everyone. I'm new to these forums and didn't notice the thumbs up icon, lol. It used to be kudos points in the old Lulu forums.
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Post by potet on Jan 12, 2022 21:28:12 GMT
Thanks, Marquessa. |
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