Texas Star
US Veteran
Is there any liability risk in mentioning a specific restaurant, apartment complex, office building, etc. in a novel, to give added local color/authenticity to a mystery novel?
I've noticed that some authors do that, and others seemingly avoid anything not of their own creation. Some do it to "work" a city as a setting, as the late Robert B. Parker did Boston or David Lindsey did with Houston.
Stuart Woods always has his Stone Barrington character eating at Elaine's, an actual New York restaurant. I suspect that the author photo of him on some back covers was taken there, under a photo of Jackie Kennedy.
David Lindsey had a murder with kinky overtones occur in an actual Houston luxury hotel. (See his, "Mercy", an outstanding book of its kind.) He also had an assassin detonate a bomb under a car near another famous Houston hotel.
I've heard that if a place gets free publicity of a favorable nature, or just gets named, they're usually happy. But if anything bad happens there, they may object.
If I have a rape take place in a fictitious apartment which is in an area where most other apartments are under a common property owner, is that a risk? I do plan to point out that such events take place absolutely anywhere these days, and will have the heroine live in another complex under this ownership. I may name an actual complex in her case, as nothing bad will happen there. She and her roommate may even say something favorable about the landlord and the complex.
I thought of simply asking for permission from the property owner, but suspect that they'd deny permission to use their property as a setting purely in a kneejerk reaction to avoid any potentially unfavorably publicity. I doubt their staff reads many mysteries. I do know that a real rape/murder took place at the very complex that I will rename for my book. The TV coverage minimized naming the complex, and usually does if anything bad happens at one of their properties. However, another writer did have a murder occur at one of this firm's apartments. I don't know that author and can't ask him if there was any negative fallout. And he did that about a decade ago. Circumstances may have changed.
Is there any good legal advice about avoiding mentioning actual businesses? I do have permission from the prop. of a national chain restaurant location to mention them (and her) and she saw that as a positive thing. (I also have her permission to plug that restaurant on message boards, so will refer you in Dallas to the Outback Steakhouse at Greenville Ave. and LBJ Fwy. if you want a good meal at fair cost in a nice setting. I'll refrain from mentioning my favorite waitresses, as they might be swamped with requests for them, and all three are already in high demand with regular customers. I plan to feature this restaurant as a frequent dining place for my detective hero, his sister, and the heroine, who will date the hero. This has the approval of the Prop., whose name you can view above the entrance. She saw no reason why their corporate office in Tampa might object, and she does run the location noted.
I know that we have other aspiring authors here, so this should interest them, also, and some readers will be curious about the subject.
So, lawyers, can/will you offer opinions about the matter? Should I ask the lady at the Outback for her permission in writing, to be on the safe side? Can I have a murder happen at an apartment complex that is fictional, but identifiable as being in an area where it would probably belong to a certain property company?
Thanks,
T-Star
I've noticed that some authors do that, and others seemingly avoid anything not of their own creation. Some do it to "work" a city as a setting, as the late Robert B. Parker did Boston or David Lindsey did with Houston.
Stuart Woods always has his Stone Barrington character eating at Elaine's, an actual New York restaurant. I suspect that the author photo of him on some back covers was taken there, under a photo of Jackie Kennedy.
David Lindsey had a murder with kinky overtones occur in an actual Houston luxury hotel. (See his, "Mercy", an outstanding book of its kind.) He also had an assassin detonate a bomb under a car near another famous Houston hotel.
I've heard that if a place gets free publicity of a favorable nature, or just gets named, they're usually happy. But if anything bad happens there, they may object.
If I have a rape take place in a fictitious apartment which is in an area where most other apartments are under a common property owner, is that a risk? I do plan to point out that such events take place absolutely anywhere these days, and will have the heroine live in another complex under this ownership. I may name an actual complex in her case, as nothing bad will happen there. She and her roommate may even say something favorable about the landlord and the complex.
I thought of simply asking for permission from the property owner, but suspect that they'd deny permission to use their property as a setting purely in a kneejerk reaction to avoid any potentially unfavorably publicity. I doubt their staff reads many mysteries. I do know that a real rape/murder took place at the very complex that I will rename for my book. The TV coverage minimized naming the complex, and usually does if anything bad happens at one of their properties. However, another writer did have a murder occur at one of this firm's apartments. I don't know that author and can't ask him if there was any negative fallout. And he did that about a decade ago. Circumstances may have changed.
Is there any good legal advice about avoiding mentioning actual businesses? I do have permission from the prop. of a national chain restaurant location to mention them (and her) and she saw that as a positive thing. (I also have her permission to plug that restaurant on message boards, so will refer you in Dallas to the Outback Steakhouse at Greenville Ave. and LBJ Fwy. if you want a good meal at fair cost in a nice setting. I'll refrain from mentioning my favorite waitresses, as they might be swamped with requests for them, and all three are already in high demand with regular customers. I plan to feature this restaurant as a frequent dining place for my detective hero, his sister, and the heroine, who will date the hero. This has the approval of the Prop., whose name you can view above the entrance. She saw no reason why their corporate office in Tampa might object, and she does run the location noted.
I know that we have other aspiring authors here, so this should interest them, also, and some readers will be curious about the subject.
So, lawyers, can/will you offer opinions about the matter? Should I ask the lady at the Outback for her permission in writing, to be on the safe side? Can I have a murder happen at an apartment complex that is fictional, but identifiable as being in an area where it would probably belong to a certain property company?
Thanks,
T-Star
Last edited:
