Use an actual restaurant or make it up?

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neicolec

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I have a scene in my book that takes place at a restaurant in NYC that I've based on a real restaurant. It's a well regarded place (for those who pay attention to that sort of thing) with a well known chef. For my book, I've changed the name of the restaurant and its chef.

I'm debating whether I should use the real name of the restaurant. If I do, should I use the real chef? The thing is, my characters meet the chef and talk with him, so then I'd have to see if I can find some interviews to make it realistic. But then I'm mimicking a real person and I feel a little uncomfortable with that--plus, I have no idea if there are legal issues.

This is an important scene, but it's just one scene. The chef is not important to the book and nor is the restaurant, except for the dinner and conversation that takes place there.

Is there any kind of guideline on this? What do you think? What have you done?

Thanks!
 

Osulagh

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You can't use a real person's name--in the intent to identify them exactly--or their likeness without their consent. You're liable for lawsuit.

And you already answered my next question:
The chef is not important to the book and nor is the restaurant, except for the dinner and conversation that takes place there.
If there's no use, then why use real names?
 

Andrea Rittschof

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My understanding is the same as Osulagh and really, if it's not important, I would say it's going to be easier for you to just make it based off the restaurant and make up names. The feel of it is most likely the important part from the sound of what you've written.
 

ZachJPayne

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If your characters are going to interact with them, and it's not just an en passant reference, I'd fictionalize them, for many of the reasons cited above.

I did the same thing in my current WIP. I'm pretty sure that a blind hermit living in a cave will be able to draw the parallels between my Lexxie Fields and Adaxus White and Amanda Palmer and Neil Gaiman (something that'll probably be fixed in revision).

But yes ... if your character wants to have a quiet everyday lunch at Gordon Ramsay at The London, then that's probably fine. But if they're shmoozing with the chef, it should probably be Sarah Jones at the York ... or something :D
 

neicolec

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OK. Good to know on the legal front. And it's a relief that I can just stick with my original version. Thanks!
 

Jamesaritchie

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Using real names isn't a problem. If you couldn't use real names, both of the business, and of the owner, nonfiction would be impossible to write. Turning a real person into an actual character in your book may be, and may not be, a serious problem, but while a few writers out there are perfectly will to use the famous in books without permission, it's not something worth risking.
 

Jamesaritchie

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You can't use a real person's name--in the intent to identify them exactly--or their likeness without their consent. You're liable for lawsuit.

Using the real name of a restaurant and it's real chef/owner is allowable without without consent. It's simply turning that person into a character that you have to be careful about.
 

calieber

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I find obvious substitutes distracting. If characters had a late-night dinner at "Rayduha Restaurant" on East 9th and Second, I'd inevitably read more into that decision then the author put there.
 

WeaselFire

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Never ask anyone. The answer will almost always be "no". whether it's perfectly legal, or not.
Asking is polite. Assuming is not. If the answer is no, you've answered your question.

Legality isn't the only concern.

Jeff
 

Katrar

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Be especially careful about using the real names of people/places if there is any possibility real people could feel the portrayal was even the slightest bit negative. People have sued over their fictional characterization before, and I'm sure it will happen again.

Personally I would only use real place names if it was crucial to my story, or if using a false name would be jarring to readers... I would almost never use a real name (the exception being public figures under some limited circumstances). I'd never directly characterize my actual neighbor, for instance, or my mailman.
 

neicolec

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Thanks for all the responses. I've decided to stick with the fictional name and chef, but leave the location. There are a number of restaurants in that location. Most readers won't know the difference. People familiar with the location and fine restaurants will know which one it was suggesting, and I think that will work fine.

It avoids any potential ethical or legal issues, and it allows me creative control. So, seems like the best solution.

I so appreciate having a place to get other's feedback!
 
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