Advice on Topps

SOM

I am going to write Novel #2 in 2010, and I need some advice from a JD or two.

If I mention a specific baseball card in the novel...ie, "the 1952 Topps Mickey Mantle"...do I need Topps' permission to do that?

How about the player pictured on the card ("1987 Topps Barry Bonds")? And the Players Union? May they all have to consent to this?

The cards will be more than simply a passing reference in the story; they will be integral to the plot.

Thanks friends!

Nick

DrJ

I am no lawyer but I doubt you need permission. I have seen countless books reference products, automobiles, etc and I highly doubt permission is required from the copyright holders every time a brand name is used.

Nascar360

I’m no lawyer either but I would make sure you have a corporation that you are doing this under. Not a partnership. If there is any problem they can only go after the corporation’s holdings and not your personal property like your house!

EchoCanyon

My two cents:

1¢ -- your publisher/editor should be a great resource for what is legal and what is not.

1¢ -- In the book, Shoeless Joe (made into the movie Field of Dreams), J.D. Salinger is a main character. When the movie was being made, J.D. successfully sued (I'm not a lawyer, but if I remember correctly you cannot use someone's name in a movie without their permission) and his name/character was omitted. Yes, the James Earl Jones character (prominent writer from the 50s/60s) is supposed to be J.D.

billwaltonsbeard

I believe you'd have to contact Leyland and Leif Topps about the use of their family name. I'm sure for the right price, they would let it slide.

MeteoriteGuy

You do not need permission to say Topps, when referring to the company. You do need permission to use a 1987 Topps card or use the Topps logo.

In fact, you could open a store name Topps or write a book named Topps....and I could do the same thing a month later. You can't copyright a name. That is why there is several books and movies with the same name.

Now if the store you opened named Topps was just a sport card shop....then that would be a different subject,