View Full Version : A little question
rhymegirl
08-17-2006, 04:35 AM
Can you use the real name of a bank in a novel (where your main character works) or do you have to make one up?
Cathy C
08-17-2006, 04:43 AM
Where a character BANKS, sure.
Where a character WORKS, no.
Bad idea, all the way around. Even if you're flattering about the company, or worked there yourself and know your way around, there's always a chance you could accidentally say something that could be misconstrued. Better to stick with a fictitious bank. :)
TrainofThought
08-17-2006, 04:49 AM
Thanks for the information. I actually had the real name of a newspaper in my book. I didn’t think it was a problem. Now I will find and replace with a fictitious name.
Cathy C
08-17-2006, 05:17 AM
Actually, TrainofThought, if it's just that someone is reading the paper, or placing a classified or something, it's not a problem. The issue here is where a character is WORKING at a real location--because then you might be interacting with real people, or at least real POSITIONS and someone there could scream, "Hey, we don't do that here! What are you talking about?!" Or, someone might think a secondary character is a composite of a real person, etc., etc. People can have very thin skins, or you might unintentionally make their life hell.
A prime example is the upcoming SciFi channel series on The Dresden Files by Jim Butcher. It's eight books into the series, and the primary secondary character in ALL the novels is Karrin Murphy, a police detective who uses the MC on a freelance basis (and they're friends on the side.) But when the filming started up in Canada, it turned out there was a REAL Karen Murphy on the P.D. up there. Poof! Out when the character's name in the show and it was replaced with another, so there wouldn't be any ribbing of the real officer.
rhymegirl
08-17-2006, 05:18 AM
My husband and I were talking about this subject and we were trying to think of books or movies where an actual place is talked about.
In Where The Heart Is, a novel by Billie Letts, the main character decides to live in a Wal-mart store for a while. Obviously, this is a real company.
In the movie Rainman, the two brothers are talking about K-mart, and Tom Cruise's character says, "Ray, K-mart sucks." Not exactly a flattering remark about a real company.
So, it does seem that writers DO use real companies in their stories.
maestrowork
08-17-2006, 05:26 AM
I would say don't worry about it. However, if it doesn't matter to your story whether it's K-Mart or X-Mart, just make it up. Brand names don't necessarily add to verisimilitude -- it's all in the description.
When movies use names like K-Mart, I believe they do have to clear it with the companies. I believe the filmmakers of Rainman did their work and got permission from K-Mart.
Cathy C
08-17-2006, 05:28 AM
Live in, sure. Shop in, sure. Have your characters discuss the merits of WalMart's choices about unions, absolutely. Have your characters make disparaging remarks about, sort of (depends on how bad.)
But WORK FOR, no.
OWN PART OF THE COMPANY (enough to sit on the board), no.
It's when you get into the "guts" of the company, where you're a PLAYER in the game that you'll run into trouble. Oh, now some people really do it, but it's a gamble on whether the editor will let it pass. It's just easier to make it up.
TwentyFour
08-17-2006, 05:47 AM
I have several places in my novel of where characters work, play, and neck...lol...and they are in my town. They have been here for nearly 30-50 and some over 100 years old. I used some that were around years ago but not around now...I don't see any problems with it, I think since the areas are not being downed, I am showing them for the in a good light...making them look good, the workers are great people, and I haven't said anything bad about anyone, I guess it should be okay.
TrainofThought
08-17-2006, 05:57 AM
Actually, TrainofThought, if it's just that someone is reading the paper, or placing a classified or something, it's not a problem. The issue here is where a character is WORKING at a real location--because then you might be interacting with real people, or at least real POSITIONS and someone there could scream, It is a position for one of my characters. Thanks for the tip. One more question on the subject, what if you do pick a name of a company a character works at and it turns out to be a valid company name? Should I research before using the name? I notice the disclaimer in books stating something like all characters and places are fictitious...I'm not going crazy over all this, my book is written, but since I am editing I may as well fix it. Thanks.
Jamesaritchie
08-17-2006, 06:26 AM
My husband and I were talking about this subject and we were trying to think of books or movies where an actual place is talked about.
In Where The Heart Is, a novel by Billie Letts, the main character decides to live in a Wal-mart store for a while. Obviously, this is a real company.
In the movie Rainman, the two brothers are talking about K-mart, and Tom Cruise's character says, "Ray, K-mart sucks." Not exactly a flattering remark about a real company.
So, it does seem that writers DO use real companies in their stories.
You don't have to be flattering about a real company. Anyone, real or fictional, is allowed to hold the opinion that K-mart sucks.
Jamesaritchie
08-17-2006, 06:30 AM
I would say don't worry about it. However, if it doesn't matter to your story whether it's K-Mart or X-Mart, just make it up. Brand names don't necessarily add to verisimilitude -- it's all in the description.
When movies use names like K-Mart, I believe they do have to clear it with the companies. I believe the filmmakers of Rainman did their work and got permission from K-Mart.
Well, to film, especially interior locations, or anywhere on the property, you have to get permission or you're trespassing. It's not the same for writers. We can use WalMart without actually going to one. And filmmakers don't have to get permission just to have a character talk about Wal-Mart.
Jamesaritchie
08-17-2006, 06:35 AM
Can you use the real name of a bank in a novel (where your main character works) or do you have to make one up?
It would be a really stange world where no one worked at Wal-Mart or McDonald's, or used or worked at Bank of America, or had lunch at Hardy's.
Sometimes it's good to make things up, but there's nothing wrong with using real locations, either. It's difficult to portray the world as it is unless you do use real names and locations.
Common sense prevails, you wouldn't want to say McDonald's deliberately throws all their hamburger on the floor and pees on it before frying it, but just using the location, or having a character work there, is not a problem in any way.
MyFirstMystery
08-17-2006, 12:22 PM
Any idea how it works with trademark characters? In my mystery the protagonist is interrupted one morning wearing her Spongebob Squarepants pajamas. It adds a degree of levity to the scene, but will my novel be subject to trademark violation or additional royalty costs?
MFM
TeddyG
08-17-2006, 12:26 PM
I dont think you should worry about it Kathy, in a novel. (In a non-fiction work, you may have plenty to worry about.)
But...if there is a problem with the article or book in terms of mentioning a name, believe me the editor or the legal department will make that clear so fast your head will spin.
Go for the real name. Gives credence to the story.
And Good Luck.....
Patricia
08-17-2006, 12:51 PM
In my mystery the protagonist is interrupted one morning wearing her Spongebob Squarepants pajamas.
MFM
I'm reading a novel now, where the author dresses her characters in designer tradmark names. Chanel, Polo, etc.
I've never thought of it being a problems and have noticed McDonalds, Coke, and Pesi, to name a few, mentioned often.
My husband and I were talking about this subject and we were trying to think of books or movies where an actual place is talked about.
In Where The Heart Is, a novel by Billie Letts, the main character decides to live in a Wal-mart store for a while. Obviously, this is a real company.
In the movie Rainman, the two brothers are talking about K-mart, and Tom Cruise's character says, "Ray, K-mart sucks." Not exactly a flattering remark about a real company.
So, it does seem that writers DO use real companies in their stories.
Steve Martin's 'Shop Girl'.
rhymegirl
08-17-2006, 04:30 PM
I was also talking to one of my girlfriends about this and she suggested I make up a name for the bank.
Every name she suggested, I'd say, "But it is possible that there IS a bank with that name somewhere in this country." So even if I think I'm making up the name of a bank, there is still a possibility that there is an actual bank out there with that name.
And yes, my character hates where she works and does make fun of the place. So maybe I should just say something like "It was Monday morning and xxx was on her way to work at the bank." Not even give it a name.
Robert Toy
08-17-2006, 04:36 PM
I was also talking to one of my girlfriends about this and she suggested I make up a name for the bank.
Every name she suggested, I'd say, "But it is possible that there IS a bank with that name somewhere in this country." So even if I think I'm making up the name of a bank, there is still a possibility that there is an actual bank out there with that name.
And yes, my character hates where she works and does make fun of the place. So maybe I should just say something like "It was Monday morning and xxx was on her way to work at the bank." Not even give it a name.
My current WIP is very deep into the US government, no problem with that, as nobody works there. And why is there never a Second National Bank, how can everybody be the First?
Edit: That is actually not a bad idea, call it the Second National Bank...:D
Southern_girl29
08-18-2006, 03:46 AM
Does your character's job have a lot of importance in the story? If it does, I would think you might want to make something up. If it isn't, then I can't see what it would hurt to use a real place's name. For example, the main character in my book works for the TVA, but I've only shown him at work in one chapter of the book. It's not of central importance, so I don't think it matters.
Cat Scratch
08-18-2006, 05:44 AM
It would seem strange to read a book where the main character simply works at "the bank" without it ever being named, particularly if a good deal of the book surrounds the job. If her job is secondary, I wouldn't worry about naming an actual place.
Lots of characters in books have jobs in places that are clearly real. I mean, The West Wing takes place in the White House. If they'd called it something like The Yellow House just so they couldn't be sued, that would seem ridiculous.
*Edited because I am aware that The West Wing is a TV show and not a book. Duh.
Scrawler
08-18-2006, 09:25 AM
Both my MC and SC work/worked for Smith Barney and Goldman Sachs but I changed the names to something like "Burrows-Whitney Investments" and "Feltman/Ryba Financial Services".
I think my invented names have a good ring, and I've added a line or two like "Burrows-Whitney Investments, one of the leading investment banks...".
johnnysannie
08-18-2006, 04:18 PM
My current WIP is very deep into the US government, no problem with that, as nobody works there. And why is there never a Second National Bank, how can everybody be the First?
Edit: That is actually not a bad idea, call it the Second National Bank...:D
Actually, there are some banks with the name "Second National Bank" in some places!
Uncarved
08-18-2006, 05:10 PM
Ok. Mine is set in a real town. It deals with a murder and therefore their police department will be called out to the scene. I'm going to get an advisor to tell me how that particular department would handle it. Since they do not bumble the crimescene or act like idiots, is it safe to call them by their actual police department ("The City" Police department) and describe their actual things, but with a fictious cop? I'd hate for my neighbors to read it and say, well there isn't a ClabberCounty Police department in this city, these aren't our cop cars colors, this is all wrong....
maestrowork
08-18-2006, 07:20 PM
KTC mentioned it: in Steve Martin's Shopgirl (both a novella and a film), the main character works at Saks Fifth Avenue.
I agree that as long as you're not treading dangerous waters by saying "Clare defecated on the dresses at Saks before she went home" or "Dave spit in the Coca Cola mix and peed in the Mountain Dew," you should be fine.
My stories are often set in real places. Sometimes I make up names if it doesn't matter. Sometimes I use real location and companies and products for verisimilitude. It's all fine.
I mean plenty of stories happen at the White House, or NYPD, or Chicago O'Hara Airport, or NASA, or the Yankees Stadium, or ... you get the picture.
rhymegirl
08-18-2006, 10:21 PM
Okay, to clarify and answer a few questions about the bank as her place of employment:
I am mostly using a bank as my main character's place of employment because I have worked in two different banks in my life so I feel I can write about banking terminology/what goes on in a bank with authenticity.
As for my character--she doesn't like her job there, finds it boring. Bank work IS boring. Especially for creative people. Most of the "action" takes place somewhere else.
And I was thinking about what someone said about people possibly reading the book (if it gets published) and seeing themselves or thinking I'm writing about them. Isn't it true that many writers have a disclaimer at the beginning of their novel which says something like: "This is a work of fiction. Any resemblance to any actual person, past or present, is entirely coincidental."
blacbird
08-18-2006, 10:32 PM
When movies use names like K-Mart, I believe they do have to clear it with the companies. I believe the filmmakers of Rainman did their work and got permission from K-Mart.
And paid for it.
caw.
Cat Scratch
08-19-2006, 12:37 AM
Ok. Mine is set in a real town. It deals with a murder and therefore their police department will be called out to the scene. I'm going to get an advisor to tell me how that particular department would handle it. Since they do not bumble the crimescene or act like idiots, is it safe to call them by their actual police department ("The City" Police department) and describe their actual things, but with a fictious cop? I'd hate for my neighbors to read it and say, well there isn't a ClabberCounty Police department in this city, these aren't our cop cars colors, this is all wrong....
Tina, The House of Sand and Fog involves a police officer from a real location in the Bay Area. His actions are in no way admirable (he misuses his authority to help his girlfriend, which was highly illegal), but this didn't prevent the author from using an actual town and police force.
I think most readers understand that what they are reading is fiction, and are able to suspend their disbelief when it comes to things like car colors, etc.
Cat Scratch
08-19-2006, 12:45 AM
Okay, to clarify and answer a few questions about the bank as her place of employment:
I am mostly using a bank as my main character's place of employment because I have worked in two different banks in my life so I feel I can write about banking terminology/what goes on in a bank with authenticity.
As for my character--she doesn't like her job there, finds it boring. Bank work IS boring. Especially for creative people. Most of the "action" takes place somewhere else.
And I was thinking about what someone said about people possibly reading the book (if it gets published) and seeing themselves or thinking I'm writing about them. Isn't it true that many writers have a disclaimer at the beginning of their novel which says something like: "This is a work of fiction. Any resemblance to any actual person, past or present, is entirely coincidental."
How necessary is the bank and the details therein for the story? If it's boring and has little to do with the plot, do you really need it? At any rate, naming a bank as a place of employment that doesn't have much to do with the story shouldn't be a big deal.
Signed,
Worked at a Bank or Two in My Day, and Can Empathize with Mind-Numbing Boredom
janetbellinger
08-19-2006, 01:04 AM
I made up names for places my main character works as both jobs play a fairly important part in the story. One of them is a bookstore and the main character slept with her married boss so I couldn't very well make it a Chapters or Coles or Barnes and Noble or anything. I also had the heroine having coffee at Tim Horton's then I changed it. I think I used the name of a real hospital but I may change that too. Although, as someone pointed out, real names lead credence. But then again, the story should be strong enough that place names just don't matter.
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