What are the rules on product placement in Novels?

Question

When I'm writing something (not professionally) I like to use brand names and specific objects because it makes my piece feel more personal to me. But what I'm wondering is, if someone were to write a novel for publishing, is it allowed to have brand-names written without consulting the company.

Say I wanted to have a character eat an Oreo or wear Chuck Taylors?

Could I use those names without consulting the companies? Because I know that in movies, they need permission to use brands like apple computers and Gibson guitars. What's the standpoint on books?

Answer 1

I'm almost positive that in books you can use brand names.  It's something like mentioning a famous person, I think- since they're in the spotlight, they're public knowledge.  For example, in The Clique books, Keds are mentioned frequently, as well as Chuck Taylors.  Officially the brand name is Converse, though, so I'm pretty sure they don't have a legal claim to the name "Chuck Taylor" in any event.  Good luck!

Answer 2

Brand names used in the way you describe are considered part of "common knowledge." You do not have to cite them or get permission to use them. It is perfectly fine to publish a book in which the main character  eats Oreos, wears Chuck Taylors, and loves movies with James Franco.

The problem is when you make negative claims about a real brand or real person - if you say that the Oreos caused the character to get cancer, for example. This would be a gross misrepresentation and the company could sue you for libel. If you say the character doesn't like Oreos, that's fine, but you can't make a false claim about the product itself.

But simply mentioning the brand name does not require any kind of permission.

Answer 3

You can mention brand names in fiction without consulting the companies, as long as you aren't making false statements about them.