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Naming issue

edited March 2013 in - Writing Problems
I have written a full manuscript, a crime thriller set in my local town of Kidderminster. I have edited and edited and believe I am near the end. That was until ten minutes ago, when I received an email from my local police force. After two long years of trying to get someone to speak to me, they final came back with the answer sorry we will not support the use of the force name.

Please can anyone help?
Does this mean what I think that I cant use the name, full stop?
Does I can use it but would need to put some sort of disclaimer in?
Do I need to change the setting of my story to a fictional town name and police force name.
Or final would I be ok to keep the setting but use a fictional police force name ie Centrel Police or South Midlands Police.

I feel deflated I was so close but feel its all disappearing.

Comments

  • Highly unlikely that they could stop you using the setting (I mean, the whole town is out of bounds?) I wonder if it's worth dropping Peter James an email for his advice because sometimes the police can act before they speak (calm down everyone, I was a WPC for 14 years...) and sometimes really don't understand the question and just react.

    Peter James bases his stories in Brighton. I haven't read them but they seem to quite well received. He may know the protocol.

    http://en.wikipedia.org/wiki/Peter_James_%28writer%29
  • Please don't feel deflated. It's not a hugely difficult thing to fix. Others will be more expert than me, but if I were in your position, I would:

    a) Put a global disclaimer at the front of my book, in any case. (Something along the lines of, "Any reference to people, places, organisations and events are purely fictitious and do not...etc, etc)
    b) Invent - as you say - your own police force. South Midlands sounds good.
    c) Does your town have to be Kidderminster, or could it be, I don't know, Towerminster, or something similar. (That's just an example off the top of my head). You wouldn't have to change street descriptions or anything like that, I wouldn't have thought, although it might be safer to alter street names, etc.
    d) Do a search using the search facility on your manuscript for the terms you have to change and change them.

    Good luck.
  • If you've included anything that could possibly be considered negative about the police in any way it might be safest to make up a force name and put in a disclaimer as previously suggested.

    Also Google the names of all police characters and do everything you can to ensure you're not using the name of a real policeman in that area.
  • [quote= Phots Moll]If you've included anything that could possibly be considered negative about the police in any way it might be safest to make up a force name and put in a disclaimer as previously suggested.[/quote]

    The same goes for businesses and organisations.
  • Well, suffice to say you can use the name of any force in the United Kingdom (as long as it isn't slandered etc). Same as you can use the name of any actress or actor in your novel, or the name of a company.

    They're doing what all cop shops do: make it awkward for people when the reality is they don't really know half as much as they think they do. They often get it wrong. For instance, trying to stop you from taking pictures or video of them. They will insist it is against the law. It isn't. You can take a photograph of anyone or anything (within the bounds of public decency, natch), and that includes the self-righteous numpties in uniform. My brother in law is one, but I still think they're a bit Neanderthal and he agrees!

    Put it this way, does it mean that every newspaper article about the force in and around Kidderminster cannot name them? Does a news item on TV bleep out the offending name of the force? No, of course not, because it's in the public domain, and half of Kidderminster would be up before a magistrate for mentioning it if that was the case, so unless they have filed the force under a trademark, anyone and his mother can use it, mention it or write about it. Imagine if you're writing about Scotland Yard. Would that mean you have to rename it London Yard or something else equally daft? Or maybe MI5 would have to be FU2 or something. Of course not. It's still a free country. Maybe Kidde police just forgot that bit...

    If in doubt consult the Copyright, Designs and Patents Act 1988. Names of organisations and business are not subject to copyright (but CAN be covered by trademark).

    And as already pointed out, you simply put a disclaimer at the beginning of the novel, and Bob's your donkey.
  • [quote=Red]You can take a photograph of anyone or anything (within the bounds of public decency, natch), and that includes the self-righteous numpties in uniform.[/quote]
    Agree with the generality of this statement. However, it seems appropriate to add a caution.

    Taking photographs within confines of a Law Court and its precincts, which may include the road adjacent to such premises, risks committing Contempt of Court action. Contempt is detailed in chapter 68 of The News Manual and may be worth one's research if doubts exist concerning legitimacy of written and pictorial creations.
    It is a matter of protecting dignity of judicial personnel (which would include members of the police) also preventing risk of distorted behaviour affecting defendants and witnesses.

    Guffyowl's dilemma might be best protected by substituting fictional police force and town names. Everything else would then be secure from criticism, with the standard disclaimer in place.
  • I can't see there's a real problem with using a fictional police force in a real location - as Phots Moll suggests, as long as you haven't used an existing police officer's name, there shouldn't be a viable objection from anybody.

    Ian Rankin's Rebus doesn't solve crimes on the streets of "Edington"; Morse didn't have to relocate to "Oxborough".

    I wonder if the issue of them not wanting you to use the force's name can be avoided simply by not using it - i.e. set it in Kidderminster, and just have 'the police' investigate. Don't actually use the phrase "The Kidderminster Police Force" (or whichever phrase it is they're being cagey about). I can't imagine that would damage your book's credibility.

    Good luck with your book. I'd certainly be interested in it - I've lived just down the road from Kidderminster, in Bewdley, for the last three years.
  • Thanks everyone for the feedback. I re-contacted the force to get clarification on what they meant. As after re-reading it sounded different. I asked if this meant I could not legally use the name or whether it meant they would not publicly back the use of their name in my novel. The contact said he would speak to the legal team and advise. Although he did offer me a day within a policing team, so I could get a realistic feel for what policing is about. This I am excited about. Then I took JanGod's advice and emailed Peter James. Not expecting to get a reply. Twenty minutes later I got a fantastic reply; he said not to take his email as a guarantee but said almost what Red had said. So I think I will get clarification first and then go from their.

    DanFango I still live in Kidderminster so not too far away. Bewdley is also a setting for a chapter in the book.
  • Well it's all sounding pretty good so far - and you get a day 'researching' as a bonus.
  • [quote=Guffyowl]DanFango I still live in Kidderminster so not too far away. Bewdley is also a setting for a chapter in the book.[/quote]

    I love this part of Worcestershire. I am hoping to move to Cookley if all goes well. I was in Bewdley and Kidderminster the other day. Veggie Chilli in the 'spoon's (Penny Black). I can't wait to read your novel.
  • We go to Bewdley quite a lot, for a walk by the river, also Wyre Forest, where my Dad had his early 'draggins up' at the end of the 19th century. Less than half an hours drive for me. There's a gorgeous little real ale pub, The Little Pack Horse, on Bewdley High Street, where we lunch now and then.

    Best of luck with the novel.
  • I grew up in Oldbury about six mile from Birmingham, so Bewdley was a place my parents would take us if it was a nice sunny Sunday afternoon. Chips and a walk along the river. Then when I got married and had a family I moved there. Moving into Kidderminster five years ago. I spend alot of time when its dry, sitting on various bench's along the river with a note pad and pencil gaining inspiration from the surroundings.
  • [quote=Guffyowl]I grew up in Oldbury[/quote]

    Quinton, me, next door.
  • snailmale.

    I lived in Quinton before I got married. Highfield Lane and then Simmonds Drive before I moved over to the Bartley Green side of the Valley. As they say its a small world.
  • [quote=Jan]Taking photographs within confines of a Law Court and its precincts, which may include the road adjacent to such premises, risks committing Contempt of Court action. Contempt is detailed in chapter 68 of The News Manual and may be worth one's research if doubts exist concerning legitimacy of written and pictorial creations. It is a matter of protecting dignity of judicial personnel (which would include members of the police) also preventing risk of distorted behaviour affecting defendants and witnesses.[/quote]

    I rather think most people are aware of this - since we're so used to seeing crappy 'drawings' of accused in the courtroom, and it stands to common sense. I learned this while studying Law (Tort & Criminal), and also whilst a youngling in my first newspaper reporting job while attending courtroom, so I'm well versed in their procedures, however I was referring to the average Joe taking pictures out on the street or in other places or organisations etc (obviously not a swimming pool or playground for very obvious reasons). Whilst judicial personnel might require their dignity to be protected etc (then 5 minutes later their names are all over the news and in newspapers when they're covered by the press...work that logic out), as writers we have fictional characters for that.

    My original point is that the Police Force in question is not subject to secrecy and writers can use names of places and organisations etc (as long as it is not deemed defamatory) in fictional representations. I've have often done this as it does add a hint of realism. It's entirely up to the writer of course. Horses for courses, innit.
  • A day with the police for research sounds amazing! Could this also form an article in itself which could publicise the novel?
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