Questions about setting a novel in a real town

Lauren · Oct 25, 2008

This is my first time starting a thread (except my intro in the newbie forum) so I hope I am doing it correctly and in the right place. Feel free to move it or correct me.

I would love some advice, opinions, thoughts, etc. on setting a novel in a real small town. It's what I've done and I am wondering if it is okay.

Here are some specifics to help you answer me: I am using a very small town and the real name of it and describing various locations in detail. By that I mean, historical sites, landmarks, businesses (like naming the pizza shop)...but not anyone's specific home or anything invasive.

The reason I ask is because nothing ever happens there....there has been one murder in the last 40 yrs. (I used to live in this town). So even though I'm writing a work of fiction, is it going to be considered defamation or leave me open to a lawsuit (or something??) if I have a murder there? I mean, it's fiction. So we can make stuff up, right?

To clarify, I am not using any real names of people or basing my characters on real people...so it's just about the name of the town and the specifics of its layout, etc.

Like if I have a murder at the library, I can't "get in trouble" for that, can I?

Sorry this is so long, I really did try to keep it short! But you all know how us writers can get wordy

regdog · Oct 25, 2008

I'm not an expert, I'm sure one will come along who will know for sure. But I would think public buildings are okay to talk about and name but private businesses might be a no-no. I think there is nothing wrong with using an actual town, I've done it. Cities and towns are public domain after all.

Clair Dickson · Oct 25, 2008

I agree with regdog-- if it's a public place, it's pretty much fair game. Plenty of made up murders have happened in New York, L.A., Miami, and other places-- why not Livingston County Michigan (for example ;-)

As for specific places that are unique to that local, I'd go with the same rules that apply to brand names. If you say nothing bad about the place, go ahead. It's local flavor. And should you get published, you might just bring some new traffic to the place. Well, maybe... =) But no saying bad things. For that, make something up. It's definitely okay to mix real and fake places in your story. A real pizza place, but next door is a fake hardware store where the homicidal old-shut in lives.

Lauren · Oct 25, 2008

Thank you regdog and Clair! I appreciate it.

So let me ask as well, how about the public library? I hope I don't sound like an idiot, but that falls in the public domain category? It's a public lib. not private so if the murder takes place there, that's okay? Or do you recommend I change the name of the library?

Thanks in advance!

JoNightshade · Oct 25, 2008

I have no clue about lawsuits, but I don't think you have to worry. If you actually published your book, odds are most people are going to be THRILLED that something cool was set in their little town, fictional or not. I grew up in a small town and one time someone decided to film a part of a movie there. It was a horror film. All of us kids went downtown after school to oogle the shoot and try to get in as an extra (didn't happen). When it came out, of course everyone went to see it.

See, the thing is, if anyone reads your book and likes it enough to, say, visit the town - that means more visitors and more business for the sleepy little town. And more visitors and business is NEVER turned down.

Michael Parks · Oct 25, 2008

I think to change the name of the public library when you've already established authenticity regarding the town otherwise would be an unnecessary step and a mistake.

I'll go one further (and further into the realm of opinion) and say that using the real name of an established business (say, Randy's Riverside Pizzeria) as the site of a murder... in a work of fiction.... would be perfectly legal. You could even go so far as to include criticism of the food there, although that wouldn't be popular with the owner nor the locals (provided most people like the food).

As far as I know, fiction is the land of free speech, where plagarism is one of the few real legal concerns. Others may be able to shed more "legal" light on the matter, though.

Lauren · Oct 25, 2008

And that's kind of what I'm thinking... I love that little town and in my mind see using it as realistically as possible as a sort of "tribute" and think most people will be pleased (say it ever gets published, I can dream...) But on the other hand I didn't know if there'd be any legal ramifications or if all I need to worry about is one or two people not liking the way I portrayed the town by using it as a murder setting. And except for the murder I show the town in a positive light.

I greatly appreciate the help and more is welcome!

Inarticulate Babbler · Oct 25, 2008

Lauren said:
This is my first time starting a thread (except my intro in the newbie forum) so I hope I am doing it correctly and in the right place. Feel free to move it or correct me.

I would love some advice, opinions, thoughts, etc. on setting a novel in a real small town. It's what I've done and I am wondering if it is okay.

Here are some specifics to help you answer me: I am using a very small town and the real name of it and describing various locations in detail. By that I mean, historical sites, landmarks, businesses (like naming the pizza shop)...but not anyone's specific home or anything invasive.

The reason I ask is because nothing ever happens there....there has been one murder in the last 40 yrs. (I used to live in this town). So even though I'm writing a work of fiction, is it going to be considered defamation or leave me open to a lawsuit (or something??) if I have a murder there? I mean, it's fiction. So we can make stuff up, right?

To clarify, I am not using any real names of people or basing my characters on real people...so it's just about the name of the town and the specifics of its layout, etc.

Like if I have a murder at the library, I can't "get in trouble" for that, can I?

Sorry this is so long, I really did try to keep it short! But you all know how us writers can get wordy

Just don't have them eat a poisoned pizza from the pizza shop you name. John Sandford writes about St. Paul and Minneapolis, because he knows them, and he has over 20 bestsellers without reprisal.

Fictitious people and events in a work of fiction do not lead to being sued. If you're all that worried, pull a Stephen King: write about Bangor and call it Castle Rock or Derry. (The latter is a real place in New Hampshire, transposed into Maine--with added details of Bangor.)

Kalyke · Oct 25, 2008

A fictional book is made more real when you use real places, and even landmarks. There is an old quote that you should sandwich a lie between two truths. The closer to "real life" and actual events and things you can put your fictional part of "reality" the more real it will seem. I would feel more comfortable with a book that purports to be set in Chicago, than one that makes up a fictional "Gotham City."

OremLK · Oct 25, 2008

When in doubt, change the names. Instead of worrying about this, why not just use the exact same details and simply call the town (and businesses within) by different names?

I doubt you'd suffer any kind of lawsuit, though. Even in the case of private businesses, I think it would fall under "fair use" to use them in your book. That said, I would personally not want to deal with any letters I might get ("oh, you got this detail wrong!" or "my store isn't like that at all") after publishing. It's so easy to just hit up the find/replace function and swap names. Then if people ask, you can just say "Oh, I might have got some ideas from your store, but it's not supposed to be just the same".

Danthia · Oct 26, 2008

You could always add a disclaimer at the front as well, saying how the events are pure fiction, though many of the places are real. Be cute or funny or something likable. That naturally would be after it was published and something you'd discuss with your editor.

Lauren · Oct 26, 2008

Thank you ALL so much! I really appreciate the variety of answers. And I think I just had one of those "what am I doing" moments. I started the book 5 years ago (when I actually still lived in that town) and then put it aside, not working on it again until this year. So it just got me thinking about what's okay and what's not... but yeah, fiction is fiction and I am grateful for all the advice and thoughts you've taken the time to share!

I hope I can be as helpful to you all in the future!! Thanks again.

RJK · Oct 26, 2008

I agree with OremLK. Unless there is a reason you need to use that particular town, just change the name. Picture it in your mind but rename the businesses and some of the streets. That should keep you out of trouble.

Both of my novels are set in Niagara Falls. I had to use the real city because I use the Falls and the Canadian border for some of the scenes. I change the names of the business places and move them so that no one can point to one of them and say "That's So and So restaurant." If I do use a real name, it is a common one like Howard Johnson's or the Hilton, but there is no Hilton where I've put it. If I describe an apartment complex, I put it in a place where there are no apartments. If the characters are just driving from A to B I use real streets until I get close to the destination.

Devil Ledbetter · Oct 26, 2008

My novel is set in a small northern Michigan town and the surrounding rural county. All of the places of business, landmarks and public buildings I used are real - with the exception of the business owned by a main character. I use the town's real name. I visited all of the places in the book to be sure I had the details right. And yet if I really needed a detail to be different for the sake of the story, I wasn't afraid to adjust it. After all, it is fiction.

I would say go ahead and use a real place. Don't trash a local business in your story, but don't let overcautiousness compromise your realism.

Del · Oct 26, 2008

There was a case of a town trying to sue a writer for the (derogatory) use of the name of the town. I looked but couldn't find it on the web. But as I recall it was ruled that the name of a town or city is owned by the people and thus is public domain.

A novel is fiction by definition. I wouldn't worry about making up a murder in a library. If you are not trying to pass off your book as non-fiction then write it the way you want.

MagicMan · Oct 26, 2008

There are small towns and small towns. A town under 2,000 people is a town where secrets are hard to hide and everyone pretty well knows everything about everyone else's business. A larger small town has a fair degree of anonymity.

In most small towns under 20,000, the simple mention of the town will draw interest and book sales. Usually business owners are thrilled to be a part of the story, even if dastardly events happen in their shop. It would be beneficial to talk to the shop owners, librarian, etc that are specifically mentioned as common courtesy.

In a small town I know, an Halloween story in the newspaper had people being poisoned in the local restaurant. The next week the restaurant owner had "Make you sick burger", "Poisoned, but you might survive chicken wings" and the "You're dead sucker wings" on the menu.

Lauren · Oct 26, 2008

Thank you all! This is really giving me some factors to consider and I appreciate the help! So glad I joined AW!!

The town's pop. is about 3,000 but triples every summer. Some of the landmarks and locations are important parts of the story so I'd like to keep it as real as possible. Plus I threw in some historical facts that I think are interesting and add to the story/mystery so I was hoping that would be okay.

It's very helpful hearing what some of you have done in your books as well.

Devil Ledbetter · Oct 26, 2008

The population of the town in my story (Rogers City, MI) is 3,300.

Del · Oct 26, 2008

There was a town in PA that had a population of one. Yep, said so on the sign as you entered.

eyeblink · Oct 26, 2008

Using a real town could be okay (and cities certainly), but you could be on dodgy ground by naming real businesses and establishments.

If your story needs a sleazy bar where cockroaches run across the tables, people do coke (not the drink) and hookers turn tricks in the toilets, DO NOT name the bar after its real-life equivalent, even if that is a good description of it!

Lauren · Oct 26, 2008

Delarege said:
There was a town in PA that had a population of one. Yep, said so on the sign as you entered.

I'd love to know where since I'm in PA and even though my town here is also small it's not quite that small! Poor guy probably had to put up his own sign.

Lauren · Oct 26, 2008

If your story needs a sleazy bar where cockroaches run across the tables, people do coke (not the drink) and hookers turn tricks in the toilets, DO NOT name the bar after its real-life equivalent, even if that is a good description of it![/quote]

Thanks for the advice! I won't be doing anything like that but I appreciate the tips.

Looks like I did the quote wrong but oh well. I'm a noob!!

Alphabeter · Oct 26, 2008

There was a PA (print anythin...er, Publish America) writer whose entire novel was based on her town, the library she worked at and the people in it--right down to a picture of the library on the cover.

The people didn't like it. She got fired (and is appealing) and will probably be sued.

Just play it safe. Tweak the details and change the names. Roman a clefs have worked for Danielle Steel.

Lauren · Oct 27, 2008

Thank you Alphabeter. I did see an article on that - it caught my eye because I thought PA meant the state! I guess that's why I keep flip flopping on what to do and have consulted all of you. It is my understanding that she actually wrote very unflatteringly about real people who were clearly recognizable. I didn't, but can see where it could be an iffy situation. Thanks for the advice!

allenparker · Oct 27, 2008

My take.

IANAL ! This is my opinion.

Write the story. Use the names. Involve real locations. Make the small town special. GET THEIR PERMISSION.

Just walk up to the owner of the small pizza shop and say, "I am writing a murder story set in this town. I want to use your restaurant as a location in my story. Will you give me your permission?"

Take with you a signed agreement to let you use their name and so forth. Give them a copy of what they signed.

If the story is going to shed them in a bad light, tell them. They may not mind the publicity, especially since its a small town and everyone knows it's not true. Remember, every actor wants to play a villain.

JMO.

Questions about setting a novel in a real town

Lauren

regdog

The Scavengers

Clair Dickson

A dark core to every cloud

Lauren

JoNightshade

has finally arrived

Michael Parks

In the moment

Lauren

Inarticulate Babbler

Pissin' Everyone off, 1 at a time

Kalyke

OremLK

Danthia

Lauren

RJK

Sheriff Bullwinkle the Poet says:

Devil Ledbetter

Come on you stranger, you legend,

Del

Sky isn't falling, ground is rising

MagicMan

Lauren

Devil Ledbetter

Come on you stranger, you legend,

Del

Sky isn't falling, ground is rising

eyeblink

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Lauren

Lauren

Alphabeter

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Lauren

allenparker

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