When writing fiction or non-fiction the use of real world references comes up quite a bit. Michael Crichton for example does copious amounts of research and many of his manuscripts have real world references in them. My question is: Do you need some sort of waiver signed by appropriate parties when introducing a real world reference in your novel or non-fiction work? If so where can these waivers be found?
What if you are writing a coffee table book with heavy use of photos. If you are photographing private property I would assume you would need the permission of the land owner no? How do you get this?
Or if I am referencing a known public building, do I need the permission of the owner to print a photograph, or proper name of the facility?
Thanks all.
As long as the work isn’t libelous, you can use real-world names pretty freely.
For nonfiction, obviously, if you had to get permission from the people involved, then nothing would be published about public figures except puff pieces. Taken to an extreme, you wouldn’t be able to criticize a politician without his permission.
Fiction is similar. You can mention public figures, companies, etc. freely as long as it isn’t libelous (and it’s very hard to prove libel for any public figure, plus by calling it fiction you have a pretty good legal defense – libel is when something is asserted as being truth). Trademark holders want you to use their trademarks properly, but they can’t stop you if you have a character make a xerox (though they will send you a letter informing you of the incorrect use).
For photos, if you take a photo of something publicly visible, you don’t have to get permission. Thus, you can take a photo of someone’s house from the outside, but you would need permission to photograph and publish pictures of the rooms. However, there are some limits – a photo of someone who isn’t a public figure may require they sign a release at the time of the photo for a non-news photo.
A recent example was that photo (incorrectly) identified of people sitting by the water and (supposedly) chatting amiably while the WTC burned. They were in a public place, and this was a newsworthy event, so the photo was published. It was long afterward that reporters tracked down the people involved (by having them come forward), who said they were watching horrified. But the photographer did not get the names of the people involved since they were in a public place at a news event.
And, of course, if the subject could stop you, the paparazzi would not exist.
Thanks a bunch - I may email you in the future with some further questions if you don’t mind. I’ve always read your posts on publishing with great interest as I am familiar with your Star Roamer Book(s) - it is star roamer right?
