Do you need permission to write about public places?

[ficbot]

I am curious what the rules are about writing fiction which involves public places. I wonder if sometimes authors make up fake towns so they don't have to worry about offending people or getting details wrong by, say, having a crime in the story take place at an actual location. And what about locations which are proper names, do you need permission to use the names? Does it depend on how detailed you are or what the plot is?

For example, if my story is set in New York and I mention that my protagonist is a jogger and jobs past the Empire State Building, I doubt I would need to get permission from the Empire State Building for this. But what if my plot significantly occurs there? What if major story events happen there?

I am asking because I have a great idea for a story which involves a group of activists who decide to go 'off the grid' by taking up residence in hidden spots with the subway tunnels of the city. They set up a whole little civilization down there and various events happen. Would I get in trouble for using the real names of the stations? I might be better off just inventing a fake city and fake subway system, I suppose, but the subway is a public place and part of the local landscape. I am just curious if they really can prevent people from making art based on that.

[lene1949]

I think that 'places' are public, as long as you make a statement to say the story is fiction... People writing historical fiction use historical places and events, but fictional characters, which are mentioned... also if the times vary to fit the story, they mention that as well.

[Donnageddon]

Not a legal expert, but I think if you found "clever" ways to rename the same locations, that still were obvious to locals, you get authenticity and "clever" points.

I am working on a novel set in Seattle's techcentric "Redmond", but am calling it "Gatestown"

Nudge nudge, say no more.

[Donnageddon]

Call the city "Isola".

[Moejoe]

Originally Posted by Donnageddon

Call the city "Isola".

And have the ghost of Ed McBain come to kick you in the ass

Good advice though underneath it all, McBain invented the city of Isola where he set his 87th Precinct Novels. If you don't know the city (who actually knows anywhere they live after living there for awhile?) then I'd go the McBain route.

http://en.wikipedia.org/wiki/Isola_%28fictional_city%29

My own fictional US city is called Istas (I believe it's the word for snow in one of the Native American languages, but can't remember which one now).

[Slite]

I don't really see a legal problem with writing about "public" places, since that is just what they are, public places open to all.

and if you want to use one in a work of fiction, i don't see how that could be illegal?

[Donnageddon]

Originally Posted by Moejoe

And have the ghost of Ed McBain come to kick you in the ass .

Not the place to say this, Moe, But Dead Pigeons is a classic.

You got the genre dead center, and explored the boundaries.

[Moejoe]

Originally Posted by Donnageddon

Not the place to say this, Moe, But Dead Pigeons is a classic.

You got the genre dead center, and explored the boundaries.

By Ed McBain? I don't think I've ever read that one. Is it a standalone or an Evan Hunter original?

EDIT: Sorry, I'm half asleep and misread what you typed. And now also embarrassed to boot. Ignore me, I haven't had enough coffee yet to wake up.

[nomesque]

No, I'm pretty sure you don't need permission of any sort, in most countries. Even writing about private property. Although it'd pay to make sure you've got a 'work of fiction' disclaimer on your book

[Reyben]

Yup, as far as my limited legal knowledge (killing is illegal, stealing is wrong) goes, I think locations are entirely public domain. If they're not then like 90% of written fiction is probably in trouble. I think made-up towns are usually just to avoid research, or because the author has a particular geographical/architectural setup he or she favours.

Or because they just like to mess with people.

.

[jaxx6166]

Mine's mostly because I'm lazy and get bored w/ research =)

[Patricia]

I don't see how there can be any problem about using public places in fiction.
If there were any sort of problem then Dan Brown would be in trouble, and would have the Vatican, the directors of the Louvre, and the Smithsonian all after him.

[neilmarr]

As long as you don't fall foul of libel laws, you're fine. For instance, you would avoid saying that the observation floor of the Empire State Building is a death trap or that McDonalds on 48th street sells poisoned burgers (unless you have solid backup for the claim). Professional editors know all the legal pitfalls: One of several reasons why self-publishing can be a mine field. Neil

[Steven Lake]

I'll toss my 2c in here and say, no, there is no legal precedent that says you can't write about public places, nor will you get sued. Public is public. I've seen plenty of authors insert real place names into their books and nobody says boo. Heck, the DaVinci code does that quite liberally, and the most they got was a few huffy retorts from the Roman Catholic Church.

[khalleron]

I find the fact that you even had to ask the question indicative of the paranoia that the media industry (and Congress, their minions) has foisted on us.

No, of course it's not illegal. Not yet, anyway. How could anyone hold a copyright on Chicago?