Locations and Copyright (or, Is Disney gonna sue)

[CSDylan]

Okay so I'm getting to the point in my first book where it looks like it could actually be considered publishable, there's just one problem. At least one scene features Busch Gardens, a theme park/zoo in the Tampa Bay area, and I have no idea if I'm allowed to do that.
For those who don't know, Busch Gardens is/was owned by Anheuser Busch (Or InBev, whatever) which is, you know, a big beer company, Where as I am a half-broke lives-with-his-mother 20 year-old. Needless to say I could use without the lawsuit, but at the same time the park itself offers a wonderful setting (not to mention a scene involving an enchanted rhino).

So long story short I need to know if I can even submit the book with the scene, or if I have to find another way for it to work.

Fixed title...copywrite isn't the same as copyright. -Mickey

[Starbeam]

There are a lot of books/movies that use real places for settings.  Off the top of my head, there's the Weather Warden series by Rachel Caine that's used a couple of hotels in Vegas, Ocean's Eleven did the same.  One of the Kitty Norville books was set in Vegas, as well, but I don't think it used any of the hotels, and the most recent Anita Blake only made mention(and had bad issues with fact checking).  Course, with Disney you should probably be really careful and make sure it's okay.  In this instance, it might be better to just pick a different name, but make it analogous to Busch Gardens.

[the neurovore of Zur-En-Aargh]

Okay so I'm getting to the point in my first book where it looks like it could actually be considered publishable, there's just one problem. At least one scene features Busch Gardens, a theme park/zoo in the Tampa Bay area, and I have no idea if I'm allowed to do that.
For those who don't know, Busch Gardens is/was owned by Anheuser Busch (Or InBev, whatever) which is, you know, a big beer company, Where as I am a half-broke lives-with-his-mother 20 year-old. Needless to say I could use without the lawsuit, but at the same time the park itself offers a wonderful setting (not to mention a scene involving an enchanted rhino).

I think you can do it; Cory Doctorow does not appear to have had any problems setting an entire novel in a Disney theme park in Down and Out in the Magic Kingdom.

[CSDylan]

This is true, but he released it under Creative Commons or something. Eh, screw it, I'll just leave it as is and move on. The publisher will tell me if I could get sued, right?

[Starbeam]

This is true, but he released it under Creative Commons or something. Eh, screw it, I'll just leave it as is and move on. The publisher will tell me if I could get sued, right?

That's pretty much the way I'm looking at it.  I'm not bothering to try to hide or create alternates for anything I use in my story.  My thought is that an agent might be able to better advise me on something like that than what I could find looking around online.  Or at least give a solid direction to look in.

[the neurovore of Zur-En-Aargh]

This is true, but he released it under Creative Commons or something.

Yes, but it had a regular-type publication first.

[LizW65]

I believe this is allowed under Fair Use, though you might want to tread with caution if one of your characters goes in for some negative criticism of the place in question, (e.g. "This Busch Gardens place really sucks ass, doesn't it?!)

I didn't hear of Jim having any problem with using the Field Museum or Sue in Dead Beat or Wrigley Field in Blood Rites; whether he had to get permission is something one of the mods may know about.

[meg_evonne]

No way to just use 'theme park' without a name or make up a name?  I mean, aren't they all about the same?  From what I've understood the use of real life products or businesses is frowned upon?  I know that product identification is common in movies and JB uses coke and VW, but those are generic more or less these days. Using a true location might turn an agent off.  For example, you'd never see Disney World etc used because they'll sue. (They sued a sorority house that used Mickey Mouse as part of a recruitment skit for heaven's sake.)

I wouldn't chance it.  I'd make it generic and then ask the agent after you get a contract if you can use the real name.

That's my opinion anyway.  Anything that might be a glitch for an agent, I'd pull until late in the process.  ALSO...

Here is an interesting discussion on those final drafts that you might find interesting or discouraging from an agent's newsletter.  The article by Kristin is highly enlightening and the part about editing has been expressed by several agent websites.  In fact, one agent commented that he was having an inordinate problem getting a 2nd book signed and the editing necessary was apparently a large factor.  Finally, Sara's article gives some great website addresses to review before assuming you are in that final, final draft stage.  She's the one that starts off with the vampire manuscript comments. 

http://nelsonagency.com/cgi-bin/display_newsletter.php?timestamp=1244213215

In addition: PM me if you are working with a YA project.

[The Corvidian]

I believe this is allowed under Fair Use, though you might want to tread with caution if one of your characters goes in for some negative criticism of the place in question, (e.g. "This Busch Gardens place really sucks ass, doesn't it?!)

I didn't hear of Jim having any problem with using the Field Museum or Sue in Dead Beat or Wrigley Field in Blood Rites; whether he had to get permission is something one of the mods may know about.

Doesn't part of their funding come from public sources?

[CSDylan]

In hind sight I shouldn't have put 'Disney' in the thread title since my question had very little to do with the mouse... Anyway, I guess I could vague it up and simply imply Busch Gardens, then I can find out the exact answers to all my questions once I've actually gotten something picked up. Besides, it doesn't really play an important part in this book, or any of the others in the series.

[ltgalloway]

Small correction: Copywrite is what a copwriter does. It is the profession of writing scripts for advertisements.
Copyright is the legal ownership of a work, which is what I think you meant.

[meg_evonne]

:-)  copywrite/copwrite   and yes, my son just finished his 2nd year of Law---i think copyright is the correct term.  :-)  although I can make the same mistake, i'm sure.