Apologies if we have been through this before.

I have an idea that I rather like. It's a fictional story about a real life figure, famous in the 20th century, who's been dead for 30plus years.

Do I have any problems because I will be using a real person and their name, even though the story is a fiction?

Advice would be much appreciated.

Thanks

You should be fine. Unless I am mistaken, technically you can't be charged with libel against someone who is dead because, as the BBC highlights, "the laws of libel are intended to protect only the living against unjustified attacks on their reputation". So in theory, you could write whatever you wanted about someone who was dead, and even pass it off as non-fiction. Although it is worth noting that there have been a few cases where the family of someone have got involved when unfounded claims have been made.

But in your case, as it will be purely a work of fiction, I don't think that you have anything to worry about. But if in doubt, err on the side of caution with how you represent said real life figure.

Toby

That's great - thanks

It depends . . . if the information is public domain (again the definition for 'works' varies from 70 - 120  years) . . . then you should be okay.

It's pretty hairy ground, when writing about people, usually requiring an entertainment lawyer, especially if that deceased person has any living relatives who may take exception to what you write, be it fact or fiction. They could threaten to sue.

There's a good article here on public domain: http://www.scriptmag.com/features/legally-speaking-it-depends-what-is-public-domain

I know this doesn't address your question specifically. Perhaps you should search for information on films that deal with similar subject matter, The King's Speech springs to mind and see what, if anything, had to be tied up legally?

There is an article here, where Seidler says he wrote to the Queen for permission . . . http://www.asha.org/Publications/leader/2011/110315/The-Triumph-of-David-Seidler.htm

Hope this helps, kinda . . .

Kind regards,

Eoin

Extremely Wicked, Shockingly Evil and Vile is a recent Nicholl winner based on the life of Ted Bundy. And from my knowledge, the writer was just an average dude writing a spec like any of us. So, hey, if nobody came with pitchforks and torches to his house, threatening to sue (who would?), it should be fine. I suppose it largely does depend on who it is though. There are a few interviews with the writer floating around as well, which may give some insight.

Quoted from nawazm11 Extremely Wicked, Shockingly Evil and Vile is a recent Nicholl winner based on the life of Ted Bundy. And from my knowledge, the writer was just an average dude writing a spec like any of us. So, hey, if nobody came with pitchforks and torches to his house, threatening to sue (who would?), it should be fine. I suppose it largely does depend on who it is though. There are a few interviews with the writer floating around as well, which may give some insight.

That sounds fucking awesome. I've always loved researching the shit out of guys like him and did a presentation on him in my Philosophy and Psychology classes respectively.

You wouldn't by any chance have that script?

And it sounds like you want to go Tarantino on this, Reef. Inglorious Basterds inspired?

Hey Neighbour,

A lot of times, scripts written for contest like that are never released for public viewing.

I'm not saying its not, just that it's common to keep them under wraps.

I remember reading about this script as well and found it fascinating but could not find it.

As far as writing about someone that’s dead, please keep in the back of your head, accuracy is king.

No one wants to read inaccurate information on someone from the past.

Unless of course, you're doing something intended to be perceived that way.

Like Lincoln..Vampire Hunter.

Shawn.....><

Quoted from Eoin It depends . . . if the information is public domain (again the definition for 'works' varies from 70 - 120  years) . . . then you should be okay. It's pretty hairy ground, when writing about people, usually requiring an entertainment lawyer, especially if that deceased person has any living relatives who may take exception to what you write, be it fact or fiction. They could threaten to sue. There's a good article here on public domain: http://www.scriptmag.com/features/legally-speaking-it-depends-what-is-public-domain I know this doesn't address your question specifically. Perhaps you should search for information on films that deal with similar subject matter, The King's Speech springs to mind and see what, if anything, had to be tied up legally? There is an article here, where Seidler says he wrote to the Queen for permission . . . http://www.asha.org/Publications/leader/2011/110315/The-Triumph-of-David-Seidler.htm Hope this helps, kinda . . . Kind regards, Eoin

That's great stuff Eoin - thanks

Actually that reminds me you were working on a true or truiish life story weren't you. The cure?

Hey Bill,

Yeah, now that most of this years madness has died down, I need to get to that. 'The Cure', it's working title for now, is based on historical fact, albeit, a dramatised version. I'd hate to say how many hours of research I have put in to this, I began looking at the history before I began screenwriting, but I first came across the story about 12 years ago.

Besides people telling me I'm absolutely mad to tackle this as a first feature, I do pose questions on a certain organisation and individual, that have A LOT of ramifications.

While the information I include is public domain and has been reported in several newspaper articles and journals, the subject matter is controversial and THAT may prompt a reaction, maybe in the legal form, over things being shown about any one individual.

My struggle at the start of this was forgetting the factual information and concentrating on what makes the story cinematically compelling.

Reef, I'm working on a feature exactly like that now.

It's about two fans who are sent back in time to help stop Marilyn Monroe's death/murder.

They battle FBI agents, meet up with Joe DiMaggio.

I know there's very good evidence ( a lot of it destroyed sadly) to suggest that RFK organised MM's death to keep her quiet - that is common knowledge.

I'm not really fussed about any controversy my feature stirs up as I'm telling a story using these people.

Quoted from stevie I know there's very good evidence ( a lot of it destroyed sadly) to suggest that RFK organised MM's death to keep her quiet - that is common knowledge.

It's always been my personal belief that Mrs. JFK had MM wacked.

The most powerful woman in the world humiliated on stage by MM singing happy birthday would have been enough for anyone to want her do her in.

Just my thought.

Hell, it might make a great twist to your story, eh?

Shawn.....><

Quoted from Ledbetter It's always been my personal belief that Mrs. JFK had MM wacked. The most powerful woman in the world humiliated on stage by MM singing happy birthday would have been enough for anyone to want her do her in. Just my thought. Hell, it might make a great twist to your story, eh? Shawn.....><

Hmm, never thought of that angle, big fella. Bobby's missus - Ethel I think was her name - woulda had the same motive.   I am sorta getting around it all by obviously not having RFK actually in my script although it was almost certain he confronted MM at her house that fateful day/night. I created a nasty FBI guy who leads the hunt. And I have a sympathetic young agent who realises what they are doing is wrong. Getting there slowly but surely