: Is it unusual to use product placement within a fictional novel, and what are the legalities around this? We intend to use the name of a well known brand within our novel and have written

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Two questions are posed above: Do you need permission, and what are the legalities?

No you do not need permission, however, you shouldn't be doing it for free.
If you only use the name in a favorable way, no problem. Unfavorable and you can get into heap big trouble.

I'm chiming in here because it is not uncommon to be paid by major corporations, or even smaller operations, for promoting their products.

From an advertisers point of view, the cost per thousand is so minimal, they jump at the chance for another place to see their name mentioned.

You do not have to be a best selling author to be considered, but it is doubtful you will make much if your book does not sell well. Advertisers don't waste resources on nickel and dimes. But many will cut a check for three or ten dollars, if your book sales warrant same.

Currently the most lucrative advertisers for authors are the liquor, beer, and tobacco industries. Followed closely by footwear, and internet based businesses.

Many already have simple contracts available that show the amount they pay, either as coinage or a percentage of the books price, and the number of books, or pay level reached before they pay anything at all. Some are as few as 250 books, some pay at 500 books, and a few do not pay until you cross 1000 books sold. The latter is actually the better deal, because the percentage goes up along with book sales. A half-penny per book may not sound like much, until you cross 1000 books and it jumps to 3 cents per book for the next 10,000 books, or jumps to a nickel at 25,000 books. The higher you move on the charts, in some cases, the higher percentage an advertiser pays. Some are simply a fixed amount.

So, if you are intending to use a name brand in your book, and in a favorable light, check to see if the company offers a contract for authors, and if so, send them at least the pages before and after their name is mentioned, and the page it is mentioned on. If you have previous successful book sales, provide your rankings and book sales information, as this can up the amount they offer.

VTY
Dutch Rhudy

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Unusual? It seems so to me. Just answering in my own experience: I can't remember reading about a specific, actual product. I've read about fictional products and companies (I primarily read science fiction).

The advice I recall being given is that if the actual product makes a material difference to the story, use it; if not, don't -- you can invent one (Arthur C Clarke in 2001 -- "HAL" rather than "IBM"). (It sounds like you've already decided to go forward, but mentioning this in case it might be useful.)

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You have covered the legality, because you have their permission. The issue is therefore closed and complete. You have, however, possibly missed an opportunity, because you might have been able to obtain some payment for using the name, although this is very unlikely. In films, such payments are much desired and sought, but in fiction, it is very rare for a company to pay a writer for the opportunity to put the name of a product into a book.

On the other hand, you usually don't need permission, because if the product is in the public eye, it is expected that it can be mentioned without compensation because it is as much a part of the cultural framework of our lives as, say, Mount Rushmore. Mount Rushmore is a famous, named entity, but you don't have to pay anyone to mention it in a book, any more than you have to pay Coca-Cola just to mention its name in a book.

It becomes a different thing, however, if Coca-Cola becomes a character or a major plot element in your book. That's when you have to think about paying the Coca-Cola company to use the name.

(And see RhysW's comment below for an important additional note.)

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