posted
In the story I just wrote for the Witch o' Words contest, I used a futuristic version of Amazon's Kindle. The Kindle goes awry and is used to ban books (well, sort of--that's the short version anyway). After I wrote it, I got to wondering if using the actual word Kindle was such a great idea. What are the legal/ethical limits to writing about real products? Melanie
Posts: 938 | Registered: May 2008
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posted
It's probably trademarked. Just call it something else.
Legally I don't think it's any different than using Coke or Pepsi. You can mention the product the same as mentioning anything else, but when you make the story about Coke or Pepsi being the main character then you may get into trouble.
If the Kindle is the main focus of the story, you may have some legal obligations. If you change the name of the device, you don't have those obligations.
Edited to add some thoughts to the actual question.
[This message has been edited by rich (edited March 24, 2009).]
posted
The main issue, as I see it, is the "kindle gone awry." If you mention brand names in passing, if your characters use kleenex to blow their noses after taking clarinex for their allergies and drink pepsi to wash it down, it's all well and good (though people will start to wonder who's paying you for all that product placement.)
But if your kleenex is actually used by an evil spy organization to transmit biological weapons and the clarinex has been tampered with and the pepsi corrodes the stomach...not quite such a good idea.
Agree with previous poster on the concept of product-as-main-character being a good rule of thumb as well. I'm sure we've talked about this before, search trademarks and copyrights on Hatrack and you'll probably find some good stuff.
But in the meantime, don't sweat it. I recommend search/replace before you submit that story. It'll be fun coming up with a new name...
posted
You can easily avoid the Kindle problem by using the term 'e-reader' or a similar generic term. If in doubt, it's always better not to use the brand name.
The reader will know what you're talking about if your story is read in the next ten years. Who knows what will be out there in a decade.
posted
Why don't you submit the story as is, as then see what the editors say. After all, wouldn't it be their legal issue?
I wouldn't change it until someone paying me told me to, then I'd be all "Sure thing."
If you think it adds to the story, then don't go generic. Who knows, maybe a slush pile reader will read the title, and then remember your story because she was having this exact same discussion in her head. ~Sheena
posted
As perhaps you know, in professional (reference) books it's common to acknowledge trademark owners on the front page, alongside the copyright notice, ISBN number and such. Provided the story doesn't offend the trademark owner, I doubt there's much of a legal issue -- unless, as rich says, Amazon don't like it.
But I think there may be a problem in that calling it a Kindle, in my mind, sets the story on present-day Earth. Since the story is elsewhere, elsewhen, I'd call it something appropriate to the milieu.
(On the other hand, you could approach Amazon and ask if they're interested in helping to publish the story, given the product placement 'n all ... ;-)
[This message has been edited by TaleSpinner (edited March 25, 2009).]
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It'll be fun coming up with a new name...
