Legality over using a REAL museum and REAL artifacts in a fictional - HEIST novel
I have a question regarding the legality of using a real museum and real artifacts in my Heist book which is almost ready for publication. Initially, it will be self-published via the amazon kindle route.
The book involves a criminal gang who steal well-known artefacts from a UK museum. I have contacted the museums press office and explained the premises, and asked them if they would grant permission, or point me in the direction of someone who can. But unfortunately it appears from their non-response they don't want to play ball.
Having read dozens of very successful fictional novels which involve the theft of real artifacts and antiquities, from both museums and private collections around the world. I'm wondering how the authors get permission, or if indeed they do need permission to base a novel around places and objects that are clearly in the public domain. Maybe it's their publishers who do this, or their agents?
I would be extremely grateful to hear from anyone on the Stack-Exchange who has experience with this kind of issue.
Many thanks in advance. Jon
This post was sourced from https://writers.stackexchange.com/q/27345. It is licensed under CC BY-SA 3.0.
1 answer
Thought experiment: If Dan Brown had required the permission of the Vatican to publish The Da Vinci Code, do you imagine it would ever have been granted? Do you think the Pentagon or the White House would ever give permission for most of the novels set there?
Ergo, you don't need it.
If you want your work to be accepted for publication:
You can't steal copyrighted work, though you can use it within the bounds of fair use.
You can't defame a living person. (Though that is a civil matter, not a criminal one, in most jurisdictions)
You can't encourage hatred of certain groups (though others are just fine).
You cannot violate the official secrets act or whatever protects official secrets in whatever jurisdiction you live in (or ever intend to visit). (Unless your publisher is Wikileaks.)
But these constraints aside, in any country that still clings to the vestiges of the idea of free speech, you are still free to write about things in the real world if you want to.
Oh, and under no circumstances will an agent or publisher get any permissions you might need for you; that is entirely on you. In fact, unless there is the promise of a mega payday, no publisher or agent is going to touch anything that might attract a lawsuit or criminal investigation in the first place.
So stop worrying and submit your manuscript. If they think there is any kind of problem (supposing it is good enough for them to read more than the first page) they will let you know. And if any permissions are needed, they will tell you exactly what they are and expect you to go get them.
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