Truth Hurts, Avoid ItComplications Ensue
Complications Ensue:
The Crafty Screenwriting, TV and Game Writing Blog




Archives

April 2004

May 2004

June 2004

July 2004

August 2004

September 2004

October 2004

November 2004

December 2004

January 2005

February 2005

March 2005

April 2005

May 2005

June 2005

July 2005

August 2005

September 2005

October 2005

November 2005

December 2005

January 2006

February 2006

March 2006

April 2006

May 2006

June 2006

July 2006

August 2006

September 2006

October 2006

November 2006

December 2006

January 2007

February 2007

March 2007

April 2007

May 2007

June 2007

July 2007

August 2007

September 2007

October 2007

November 2007

December 2007

January 2008

February 2008

March 2008

April 2008

May 2008

June 2008

July 2008

August 2008

September 2008

October 2008

November 2008

December 2008

January 2009

February 2009

March 2009

April 2009

May 2009

June 2009

July 2009

August 2009

September 2009

October 2009

November 2009

December 2009

January 2010

February 2010

March 2010

April 2010

May 2010

June 2010

July 2010

August 2010

September 2010

October 2010

November 2010

December 2010

January 2011

February 2011

March 2011

April 2011

May 2011

June 2011

July 2011

August 2011

September 2011

October 2011

November 2011

December 2011

January 2012

February 2012

March 2012

April 2012

May 2012

June 2012

July 2012

August 2012

September 2012

October 2012

November 2012

December 2012

January 2013

February 2013

March 2013

April 2013

May 2013

June 2013

July 2013

August 2013

September 2013

October 2013

November 2013

December 2013

January 2014

February 2014

March 2014

April 2014

May 2014

June 2014

July 2014

August 2014

September 2014

October 2014

November 2014

December 2014

January 2015

February 2015

March 2015

April 2015

May 2015

June 2015

August 2015

September 2015

October 2015

November 2015

December 2015

January 2016

February 2016

March 2016

April 2016

May 2016

June 2016

July 2016

August 2016

September 2016

October 2016

November 2016

December 2016

January 2017

February 2017

March 2017

May 2017

June 2017

July 2017

August 2017

September 2017

October 2017

November 2017

December 2017

January 2018

March 2018

April 2018

June 2018

July 2018

October 2018

November 2018

December 2018

January 2019

February 2019

November 2019

February 2020

March 2020

April 2020

May 2020

August 2020

September 2020

October 2020

December 2020

January 2021

February 2021

March 2021

May 2021

June 2021

November 2021

December 2021

January 2022

February 2022

August 2022

September 2022

November 2022

February 2023

March 2023

April 2023

May 2023

July 2023

September 2023

November 2023

January 2024

February 2024

 

Thursday, December 11, 2008

Q. One of my screenplays is set during a political and news-covered movement. The story is fictional as are the characters and their plot in this story.

However, certain events in the story did occur in true life. For example municipal, provincial and supreme court involvement with a political action which is all public record. Also police actions and political group actions which are not public record - are seen throughout this part of the script. The story is about fictional characters living out their plot around and during these real life events.

I am using the accurate dates to reflect the times of the Supreme Court hearings and the public record events, but do I use their names? (the judge the prominent lawyer?) These people are not characters in the script, although they are relevant to the story line and to the setting.

Another example within the story is a bank manager who exhorts money. I use the name of an actual Bank to suit the setting - although no such extortion ever happened there in real life. Is there jeopardy for using the Bank's name within a film that has in part some true life events?
This is tricky ground. I'm not a lawyer, but I know that you would not, for example, use a real bank's name, because you are saying that some of their bank managers are corrupt. That tends to bring them into disrepute, and they will sue. (Actually the insurer's Errors and Omissions lawyers will tell you to change the bank name before it gets that far.)

On the other hand, you can refer to real events that happened in the past. You can make a movie about a bunch of kids going to Woodstock, or going on the various Marches on Washington, or getting into trouble at the 1968 Chicago Democratic Convention, and you can probably show Mayor Daley saying "I'm going to make Attila the Hun look like a faggot," 'cause he's a political figure (not a private person) and it's well enough documented that he said that.

Ordinary people have rights of privacy and reputation. You can't put me in your movie without my permission. Public figures have little right of privacy but you still aren't allowed slander them. In other words you can make a movie about Nixon, but it better all be true. Dead people have very few rights. If you notice in the movie BACKBEAT, only John Lennon and Stu Sutcliffe do nasty things. They're dead and can't sue. Paul and George and Ringo are sort of genial people. Either McCartney approved the script, or the film's lawyers decided that there was nothing for him to sue about, since he's a public figure (appearing onstage in front of hundreds of thousands of fans will do that) and the movie didn't say anything nasty about him. You can make a movie about Marilyn Monroe and Jack and Robert Kennedy, and you're probably on safe ground.

I say "probably" because there are other rights, like likeness rights, and brands and trademarks, which I don't begin to understand. And even movie stars have some privacy rights. I wouldn't try making a movie about Brad and Angelina and Jennifer, at least until they're all dead. In general, as I understand it, you're on safe ground so long as you stick to events that appear in the newspaper and in books and in court documents (anything said in court is part of the public record), so long as you make up fictional individuals and corporations to populate them.

Labels:

3 Comments:

A bit of my journalism background says that this kind of thing is what rumors are founded upon. The problem is: does the script separate real life events with fictional ones? Even then, things can be misinterpreted.

It shouldn't be a problem making up a fictional bank, as long as it seems realistic. Even with some history put into it, it's still your world to build.

By Blogger SeanM, at 1:58 AM  

It seems like if it's based on a true story that you ought to be able to get away with naming corporations involved. After all, I'm sure CBS and the tobacco companies didn't enjoy being portrayed as corrupt in The Insider, but it doesn't seem like they were able to do much about it. Even if they have legal remedies, I'm guessing exercising them would make the companies look even worse.

But yeah, the E&O guys can tell you best. You can always change things when it gets to that point.

By Blogger Seth, at 8:39 PM  

There are so many issues here -- take a look at a great book on copyright law and fair use, etc., "Clearance and Copyright," written by an expert in entertainment law, Michael Donaldson. It's an update of earlier editions and discusses fair use extensively. It's full of useful information and is very easy to read (it's used in more than 50 film schools and is kind of the standard reference book for the industry). It's a must read for all filmmakers.

By Blogger Liz, at 8:06 PM  

Post a Comment

Back to Complications Ensue main blog page.



This page is powered by Blogger.