Question about "fictional" characters

tuncrypt

Member
I have an idea for a script, and the essence of it is an actual conversation/get-together I had with a real-life person a year ago, which was story-worthy, in my opinion. Think of Before Sunset/Sunrise. So, one character will represent me, another will represent the person I met, and a minor character will represent another person that was with us for the first bit of the meet. The dialogue and interactions will the same as that which occurred on that day, with of course some embellishments, additions, and modifications for dramatic purposes.

Now, am I "allowed" to do this, so to speak? I can write myself into film all I want, but how much have I to change of the other person, before I cease "representing" them? What if I were to change city, hair colour, appearance, profession, area of study ... ? I hope this post makes sense.
 
One "trick" that is used is to have the person on-screen refer to the person he is based on, thereby giving you the argument that the on-screen character obviously isn't the character refered to since they mention him/her as a different person. DREAMGIRLS (and many others) did this. The manager said something like, "You girls could be as successfuil as The Supremes." Thereby officially establishing that they are NOT The Supremes. (Cavaet: I'm not a lawyer.)
 
Unless your subject is named or recognizable, and the way you present them is defamatory, no worries.

Be sure to tack "This is a work of fiction. Any resemblance to actual events, or to persons living or dead, is purely coincidental" on at the end, and you're basically covered.
 
Unless you're publishing this yourself & plan to make all kinds of money off it.... I wouldn't worry about it. Just name the person something other than the person's name. There's writing & then there's micromanaging. Write.

Richard Linklater named his "Dazed & Confused" characters after the actual people they were based on, potheads and all. Years later the individuals named were stressed because fellow employees were distracted by the movie characters. Might have been lawsuits.

But the movie is out there. Money was made. Linklater's doing fine. And that's WITH the actual names.
 
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