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| SFReader Forums > SFReader > Ask The Expert > How about brand names? | Forum Quick Jump
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nathan
Sage
      
Date Joined Mar 2006
Total Posts : 2178
| Posted 11/18/2007 2:53 PM (GMT -5) |   | Back in the mid-70's Stephen King was the first to run wild with this as a device to cement the "everyday" feeling he was using to ground his horror.
His characters didn't eat cold ceral: they ate Wheaties. And Twinkies. They drank not a "can of soda" but a Pepsi or a Dr. Pepper. They didn't "grab up a box of laundry deterrigent" they picked up "a bottle of Dawn." When there was a tv on in the background he described the commerical as for American Bandstand or Havoline Motor Oil Etc, etc.
That technique was--and people forget--one of the things that had him heralded as a young turk writer and someone who was changing the face of not just horror, but modern fiction in general.
Salting your story with brand names is a solid technique for helping weaving the willing suspension of disbelief. Can it be over done? Describe *any* writing technique and someone will also jump on and give a warning about cliches or over use. Let it flow naturally. If you naturally think "he grabbed a candy bar" then write that. If you had a Snickers for lunch and is what comes to your mind then write "he picked up a Snickers bar."
The technique of using reallife brand names isn't that common. I think because people think you "aren't suppossed to" or something. But its all public domain and fall squarely into specificity of writing: use sharp accurate describers, not bland generic ones, "rule."
VIEW IMAGE
"Writing the wet dreams of teenage boys" - Lindsey Llyod, Tangent Reviews
Tarantino himself has been forward and unapologetic about his influences. In a 1994 interview with Empire magazine, he said, "I steal from every single movie ever made. If people don't like that, then tough tills, don't go and see it, all right? I steal from everything. Great artists steal, they don't do homages." | | Back to Top | | |
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crystalwizard
Forum Moderator
Date Joined Nov 2006
Total Posts : 5196
| Posted 11/18/2007 6:35 PM (GMT -5) | | | | |
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LWhittier
Stablehand
Date Joined Nov 2007
Total Posts : 12
| Posted 11/18/2007 7:11 PM (GMT -5) | | My rule of thumb is: if it adds to the story, and doesn't look like you're specifically targeting a brand, then it's probably okay.
For example, if you just need a character to hop into a car and drive somewhere, then it's fine to say that he drives a baby-blue Cadillac or a tricked-out Escalade or a beat-up old Honda Accord sputtering on every mile. The car becomes a descriptive cue for a specific kind of person, and it adds texture without specifically praising or insulting the car beyond its common perception.
On the other hand, if your story involves a character hopping into a car and then the car getting involved in a relatively minor collision and exploding into fiery ruins due to a fatal design defect... then you probably want to be careful about what brand you're maligning, and unless it's based on a real-world documented phenomenon (cough-Pinto-cough) it is probably better to invent a fictional stand-in. | | Back to Top | | |
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crystalwizard
Forum Moderator
Date Joined Nov 2006
Total Posts : 5196
| Posted 11/19/2007 2:48 PM (GMT -5) | | Jordan Lapp said...
there is such a thing as fair-use, which makes it very hard to prove that you were maligning the brand. Go ahead and write it. If you're not Dan Brown, publishers aren't likely to sue.
Fair use does NOT have anything to do with using a brand name.
Everyone likes to say 'fair use' when speaking of using someone elses property, but i'd say at least 99% of the time, the person suggesting 'fair use' has not one hint what it really is.
Here is a link to the legal document from the United States Goverment website that discusses what Fair Use is:
www.copyright.gov/fls/fl102.html
It specifically has to do with COPYRIGHT, not TRADEMARK, issues. Here is the first part of that document:
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the Copyright Act (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1.
the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2.
the nature of the copyrighted work;
3.
amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
I highly suggest that anyone tempted to say 'fair use' in any situation go and read the whole document before doing so. | | Back to Top | | |
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John M. Whalen
flashg
Date Joined Mar 2006
Total Posts : 446
| Posted 11/20/2007 12:15 AM (GMT -5) | | | Jack Brand, in the raygunrevival series, uses a Beretta Electro Pistol, a Ruger 525 Plasma Rifle and a Python Z-20 Laser Rifle. He also drives a Nissan Hover-Jeep. ; ) | | Back to Top | | |
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