Writing from history/"inspiried by true story"/what???

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DJ.Deem

New member
Hey everyone

Im a newbie to this whole screenplay writing thing, as I am taking my first adventure into writing a script.

So I have this idea for a story that is based off of some pre-world war II stuff, and was wondering if this is "kosher".

Like, should I write about the guy directly, using his name and try and stick as close to truth and history as I can? (which is pretty interesting in itself)

Or, should I try and adapt the real-life story to be more entertaining and such. <<<Can you do this without getting in "trouble?" Is it illegal or something to write about someone and exaggerate events and mix them around? I feel like this has been done, but I'm just looking for some clarity.

Thanks for all the responses, and I look forward to becoming more active in this community! :dankk2: :costumed-smiley-047:costumed-smiley-047:costumed-smiley-047:costumed-smiley-047:costumed-smiley-047:costumed-smiley-047

EDIT: The man the story is about is deceased.
 
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I want to learn about the answer to this issue also. I do not know the answer. But I am on a first name basis with a lawyer who teaches and practices law (and has a partner who deals with entertainment law) who I see at my local coffee shop at least once a week, and I even played paintball with him once. I am going to run this by him next time I see him here at the coffee shop and also ask for a good book reference to read more about this sort of thing.

EDIT: He just walked in the coffee shop-- if he stays I will try to get a free consult on this, and I also would like a suggestion from him on a good entertainment law book to buy.

I saw The Changeling the other night, great movie, true story. Writer found the story digging in newspaper archives in LA. Made me think of the value of researching true stories from the past to perhaps find a story idea. But yeah, then there are the legal issues. So I want to learn about this.
~randall
 
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You would have to do some research, and find whatever surviving family for permission. Just because it happened, doesn't always mean it's ok to put it out there. As far as loosely basing it on true events. I'm sure that has it's own can of worms.

And Randall, just because you "Know somebody on a first name basis", doesn't make it ok to beg for freebies. How would you feel if next weekend, he says "Hey! I know a guy who does some video stuff! I'll ask him to shoot my Daughter's Wedding for free!"?
 
Quirk, he is totally okay with it, I have talked with him before on a legal issue about filmmaking. We had a very enjoyable conversation. There is also a bit of quid pro quo involved, as he is about to start teaching a new online law course for a local university and I have expertise with online teaching and the software infrastructure that he needs help with, and am I willing to help him on that and he knows that; and I offered to let him hit me up for help on my other area of equivalent professional expertise too. (I am not sure I buy into the talking 15 min over coffee on a legal issue being equated to asking for a free wedding shoot; in general I understand your premise, but if you knew me, and him, and the needs of both of us for quid pro quo help you would see this is not a case of anyone abusing the other's free help; have a little faith =)

Capt Quirk said:
...And Randall, just because you "Know somebody on a first name basis", doesn't make it ok to beg for freebies. How would you feel if next weekend, he says "Hey! I know a guy who does some video stuff! I'll ask him to shoot my Daughter's Wedding for free!"?
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I know a lot of times Based on a True Story stories have permission from a reporter who wrote an article on the subject, and that's as far as it goes.
 
You'll need legal paperwork on the rights - the reporter is an empolyee of the newspaper, so the reporter isn't the rights owner, the newspaper is.

Anything you find in a newspaper or see on TV or read about in a magazine *belongs to those sources* and you either have to buy the rights from the source or do additional research on your own - either to find multiple sources for each piece of information you find (if 2 or 3 sources say the same thing, it's a fact) or to interview sources yourself or find public records yourself.

I did a story and found different newspapers that reported the same info, and did my own survivor interviews and used public records.

- Bill
 
The lawyer I talked to this morning brought up that very issue with a pending legal case where someone made a poster of Obama and is selling it, but got the photo from a photo taken by a reporter that works for the AP (Associated Press), but the problem is the AP owns the photo--not the reporter; in fact the reporter said he has no problems with his photo being used for the poster, but the thing is the AP owns the photo, not the reporter, so now the AP is suing the poster marketer. The legal thing is-- is the poster far enough removed from the original poster to be exempt from copyright; anyhow, that is the legal question, the situation.

But aside from the photo, the lawyer said if material from a newspaper or such is public, the knowledge of that material (not copying the exact material into a script or book without citation and credit and release rights) can be used without much problem to e.g. write a story based on the real incident if the story is changed to have different names, locations, etc. Esp. if the person is dead. But if you try to pawn off your story as "Based on a true story" then you better get the legal release rights or you could run into trouble. And of course if you get to that point where as a writer one finds a good historical story to make into a screenplay, it would be prudent to talk with an entertainment lawyer to get any releases if needed. For the movie The Changeling, which was based on a true historical story, and which markets itself as the movie being based on a true story, the lawyer said you would definitely want releases for the story rights, since the original real names and places were used and the story is touted as being a real story--so the living descendents of the protagonist in The Changeling or the living protag herself likely were paid for the rights and releases were certainly obtained. That is the short version of the conversation, and as always take everything I say as pure fiction and off the record and consult an entertainment attorney, because I am not an attorney. Just commenting. (and P.S. to wcmartell, I just ordered your blue book series, looking forward to reading it all!)
:beer: randall


wcmartell said:
You'll need legal paperwork on the rights - the reporter is an empolyee of the newspaper, so the reporter isn't the rights owner, the newspaper is. Anything you find in a newspaper or see on TV or read about in a magazine *belongs to those sources* and you either have to buy the rights from the source or do additional research on your own - either to find multiple sources for each piece of information you find (if 2 or 3 sources say the same thing, it's a fact) or to interview sources yourself or find public records yourself.

I did a story and found different newspapers that reported the same info, and did my own survivor interviews and used public records.

- Bill
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Hmmm... interesting Randall.

So if I wrote about a specific war in history, and I were to create a "fictional" character that had similar traits to that of a real life person, much like a tribute, it would be all good?

Obviously I dont have any sort of funds to hire a lawyer, purchase IP rights or any of that. I just dont want to spend a bunch of time writing a story to later find out that it was all for nothing.
 
That was the gist of what I caught from the lawyer, but again-- I am not an attorney and do not even play one as an actor LOL so do not sue me if you get sued. This is all off the record, just relaying what the attorney told me. He is not an entertainment attorney, but he has practiced law for twenty years and teaches law at a couple of local universities on the side just because he likes it.

DJ.Deem said:
Hmmm... interesting Randall.

So if I wrote about a specific war in history, and I were to create a "fictional" character that had similar traits to that of a real life person, much like a tribute, it would be all good?

Obviously I dont have any sort of funds to hire a lawyer, purchase IP rights or any of that. I just dont want to spend a bunch of time writing a story to later find out that it was all for nothing.
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If you plan to write a screenplay, a feature screenplay, to sell--then I think you would want to get any needed legal releases, using an entertainment attorney, at least by the time you decide to pitch and sell your script. Because any prodco buying a story based on a historical figure might need the releases in order to buy the story, so they know they are not sued, and so they can get Errors and Omission coverage for making the film. You veterans here with experience can likely shed light on this, I am just guessing on this one.

DJ.Deem said:
Hmmm... interesting Randall.

So if I wrote about a specific war in history, and I were to create a "fictional" character that had similar traits to that of a real life person, much like a tribute, it would be all good?

Obviously I dont have any sort of funds to hire a lawyer, purchase IP rights or any of that. I just dont want to spend a bunch of time writing a story to later find out that it was all for nothing.
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