Are There Any Legal Issues with Using Real Places in Fiction?

Using real places in your fictional stories can add authenticity and immersion for your readers, providing a vivid backdrop to the story's events. However, there are legal considerations to bear in mind to avoid potential issues. This article explores the complexities and provides guidance on how to safely incorporate real places in your writing.

Real Places with Trademark Protection

Some places, like the Transamerica Pyramid in San Francisco, are protected by trademarks, meaning they cannot be used without permission. Using such places without authorization can lead to legal challenges. It's wise to create your own fictional versions of these places. For example, instead of referring to the Transamerica Pyramid, you could describe a building resembling it but under a different name, like the Ambassador Tower.

Using Real Geographic Places

Using real geographic places like landmarks, cities, and streets is generally acceptable. Major media companies, like the film industry, often need to obtain permits to film at famous locations, but authors can describe real places in their stories as long as they do not defame the location or its residents.

For instance, in the film Sleepless in Seattle, the Empire State Building features prominently, and the studio had to obtain permits to film there. However, an author can incorporate scenes set in such places as long as they do not malign the building or the city it represents. Similarly, the fictional city of Casablanca in the 1942 film of the same name was inspired by real-life places but not portrayed as a direct representation of any specific location.

Handling Specific Private Locations and Businesses

Be cautious when featuring specific private locations or businesses. If you describe a real street or city as the setting for specific events, such as a drug-smuggling ring, you may be at risk of legal action. For example, if you were to write a story involving a real restaurant known to have a drug-smuggling problem, the owner could potentially sue for libel or defamation.

The legal landscape becomes even more complex when the fictional version of a real place closely resembles a business or entity. In the movie Vacation, the amusement park "Walley World" is designed to mimic Disneyland, but it's distinct enough to avoid legal issues. Conversely, if a similar scenario were to occur in a real setting, such as Hollywood Boulevard in Los Angeles, the city might be quick to protest if they perceived the fictional portrayal to be damaging.

Trademark Issues

While you can describe popular landmarks and hotels, be mindful of their trademarks. For example, while you can mention the Luxor in Las Vegas, avoid hyperbolic descriptions that may infringe on their registered monikers. Instead, focus on the building's architecture and features without associating them with fictional embellishments. This approach ensures your work remains compliant with legal standards.

Conclusion

Feature real places in your fiction responsibly to enhance authenticity and engagement. By understanding the legal implications and exercising caution, you can bring your stories to life without running afoul of legal regulations. Remember, it's always better to err on the side of caution and avoid direct references to contentious or protected locations.

Standard disclaimer: The information provided herein is general guidance and should not be construed as legal advice. Always consult a lawyer if you have specific legal concerns related to your work.