March 3, 2017
I’m an ardent sports fan, so it’s hardly surprising that three of the four novels I’ve self-published so far deal with sports teams and their fans. It’s challenging, to say the least, to describe the drama and excitement that live games can produce. My attempts along these lines are based, somewhat loosely, on actual DC-based baseball and football teams that I have known and loved over the years. Accordingly, the question has arisen: how permissible is it to use actual names of sports teams in a fictional work?
Most legal experts who give advice on this subject seem to think it isn’t a big deal, unless one of two situations applies: you’re a famous author whose use of the name is likely to attract widespread attention, or you have a beef with the organization and are attempting to sully its reputation. Neither of these situations is all that likely to come up in a self-published novel, or at least to be noticed by many readers. In any event, there are far too many books published each year for the legal profession to monitor.
Nevertheless, this issue is getting more attention in the self-publishing industry than it used to. In my 2003 novel Secretarial Wars, football is a peripheral part of the story, merely a stimulant to the secretaries who follow the team as fans and cherish hopes of meeting the players. My editors back then made no objections to my using the actual names of longtime divisional rivals, the Washington Redskins and the Dallas Cowboys. I didn’t use real names for my star players, although I suspect their real-life counterparts would have been easily identifiable to a long-time fan.
Fast forward a few years, and it seems the self-publishing industry has advanced far enough to take the trademark and libel issues almost as seriously as traditional publishers do. So by the time I published my third novel, Let’s Play Ball in 2010, I was advised to change the names of the baseball teams I had referred to in the original manuscript. Thus, the Washington Nationals became the Washington Filibusters, and the Miami Marlins became the Florida Keys. The story includes a well-traveled player who managed to wear the uniforms of both New York teams in the same year. They were supposed to be the Yankees and the Mets, separated only by a long subway ride, but they were called something else.
Now I have a novel-in-progress, tentatively entitled “Sycophants,” in which football is a more integral part of the story. It revolves around a movie producer operating in Washington, DC, who is married to a star football player for the Redskins. The success of her current film-making endeavor depends at least partly on the fortunes of his playoff-bound team.
By the way, I’m sidestepping the entirely separate debate currently raging about the name “Redskins,” a team moniker which has been in use in Washington since 1937, and four years before that in Boston. It seems likely that modern racial sensitivities would prevent a new team from receiving that nickname today, and would also preclude many other team names and mascots that are still in use. I sympathize with those sensitivities, up to a point. I’m a progressive when it comes to politics, but I’m not a big fan of political correctness. In cases like long-enduring nicknames, I feel that context is everything. These names have sentimental associations and historical significance to fans. By some accounts, the original Redskins nickname was intended to honor a member of the Sioux tribe who coached the team during its Boston days. Further, polls have shown that Native Americans, who presumably have the most at stake in this debate and the most reason to be offended, actually care very little.
That leaves me with a nagging temptation to call my fictional team by a genuine, 84-year-old name. Somehow, it makes the team I’m writing about more real to me. It also complicates matters by being set in a past, around 1990, that many fans can remember. How confounding would it be to give them an altogether different past from the real one? Since it’s fiction, I can theoretically do anything I choose. Still, an author depends on the willing suspension of disbelief, and messing with that can be dangerous.