Hey guys,

I recently stumbled across a story based on some local New Zealand history, which I think could potentially make a great screenplay. I can't give certain details, but I do have a quick question...

Do I need some sort of rights to base a script on the life of someone, even if they are dead? If so, who do I approach and how do I approach them?

As far as I know, it's not illegal to base a script on common knowledge, but is basing it on the life of someone taking it too far?

Dan

I believe so. I think this can be described as those based on a true story screenplays. You're probably going to have ask the family. Not sure though.

Gabe

You need to check if the information is public domain.

How would I check if the information is public domain?

Hey Dan,

If the information has been printed in a book or the story previously told, even through different medium then they retain the copyright on that story.

The only plus if you do get permission and if it is based on local history, there should be all sorts of groups that would be prepared to contribute funds towards the production.

Regards Alex

Quoted from Alex_212 If the information has been printed in a book or the story previously told, even through different medium then they retain the copyright on that story.

Okay, so there's a biography of that person printed in a book. What I'm asking is, what if I wasn't basing the script on the book, but rather on the events of that person's life. Surely I don't need rights to state facts...? All do I need to speak to the publishers or current copyright owners?

Dan

Even if you are repeating history, if it has been done before then you may have to tread lightly and do research into it.

It's like making another Titanic film, it's been done before though if it was very similar to the previous version then part of it may be an infringement. I guess you wouldn't know until someone sued you.

Even though the story would be the same, specific detailed parts would have to vary.

Not saying don't do it though you may have to do a bit more research to find where you stand.

It is a very grey area !!!

Quoted from danbotha What I'm asking is, what if I wasn't basing the script on the book, but rather on the events of that person's life. Surely I don't need rights to state facts...?

No you do not. If you are writing something about a real person, you just have to make sure you really do have the facts straight.

How many unauthorized autobiographies have been written?....

Hey Dan,

I'm with Pia on this one.
Here's a discussion thread loaded with more answers for you...

http://www.screenwritinggoldmine.com/forum/showthread.php?t=3674

Regards,
E.D.

And I'm with Pia and Brett.

BUT...I'd also add that unless you really want to use events from this real person's life, why not fictionalize it, and use a different name?  I mean, is it really public knowledge about this dude?  Will anyone know it's based on actual events?

Change the name, protect the guilty.

It's been a while since I read it but I seem to recall that you do not need life rights to write about someone who's dead.  In fact the answer seems to be already contained in the question 'do I need LIFE rights for someone who's DEAD?" Doesn't it?

Quoted from Angry Bear How many unauthorized autobiographies have been written?....

Hundreds. By unauthorized, I'm assuming you mean internet sources and things like that. Everything that I've been able to find on this woman mostly comes from the internet, but there is an autobiography written which I thought might be a useful tool for research, but not to base the script on.

Thanks Alex, Pia, Brett, Jeff and... ajr.

Brett, thanks for the link. It seems if I ever want a link, you are the go-to man ;D What I found interesting is, no I don't have to pay rights, but I may have to pay rights to the family. Does it ever end?? People like sucking money out of us, don't they? I'm kidding, of course. I'll have a look and see if the information is good enough to at least make an attempt. As David said on that link, I might write the screenplay and if I get any producers interested, see if they can deal with the legal stuff.

Thanks to everyone for their advice :)

Dan

And I haven't properly thanked Gabe and Eoin, yet.

Thanks guys! :)