ASK & DISCUSS INDEX

11 years, 7 months ago - Marlom Tander

Good point about certain countries attitudes, but unless they are a key market that shouldn't really impact your truth to the story. You can almost certainly film somewhere else. (Life of Brian used Tunisia as Isreal). And if they are a key market, maybe you should be brave anyway, (if the budget is small enough). What could be better than "Armenian Genocide" being banned from cinema and then going viral in Turkey, or "Oil Pirates, how Greenpeace used Putin's miscalculation against him" in Russia :-)

The copyright lies in the expression, not the facts. If you intend to lean heavily on someone elses work, e.g. a novellised look at the events then be careful, esp if that writer was inventing characters or sequencing the story in a certain way. Consider bringing them on as a consultant if you're not quite close enough to need formal rights but want good relations. But if you have read widely, should be no probs.

Descendents - I have never heard of them having any rights (re a film that doesn't reference them personally), though of course, if the film is favourable to their ancestor, co-opting them might gain access or archives, heirlooms or good marketing support, (proud interviewees).

As to WW2 - my Uncle was captured at Dunkirk and spent the rest of the war in a POW camp. The only thing he ever told us (we were small at the time) was that they were liberated by the Russians, "whose tanks had dead german soldiers tied on to them with barbed wire". On veracity grounds alone I'd love to see that in a movie, even if the Russians objected.

Happy New Year

11 years, 7 months ago - Allan McTaggart

Thanks to everyone who got back to me. It's been a real help.

11 years, 7 months ago - Marlom Tander

You can't libel the dead. Though you can create a press storm... This may or may not be a good thing :-)

11 years, 7 months ago - Allan McTaggart

Thanks Vasco, I hadn't even considered the wider market issue. Being new to this genre of writing my concern is regarding the material I use for research. For example, if I'm writing fact based fiction and I use a historian's work, dramatising events therein. Am I subject to copyright issues as the work is based on the authors historical research and publication? Or is it the case that, given that I will draw on multiple sources of historical record, will this just be considered legitimate research on my part? I'm more than happy to credit the various sources but I would like to know how it works before starting it. For warned, is for armed as they say!

11 years, 7 months ago - Allan McTaggart

Thanks Stephen, that's a great help. I think my safest route will be to use the texts for reference and source the research material they use independently.
In regard to the characters in question. Obviously I intend to treat them sensitively but, that said, are there permission issues with descendants still living etc?

11 years, 7 months ago - Allan McTaggart

Hi Charles, thank you for this insight. I can certainly see how an interesting real event can fall flat on the screen. As you say the audience signs up to be entertained. I will certainly keep your words in mind. Now that you've said it, I think forgetting the realism aspect and simple use the events as a frame work rather than the entire focus will, hopefully, keep me on the right track. Again thank you for responding, it is appreciated.

11 years, 7 months ago - Vasco de Sousa

Copyright lasts for 70 years after the death of an author for published works, longer for unpublished. (Well, that's Europe and the USA, Canada is shorter, Some countries in South America are longer.)

It also changes by publication date, and the type of work. So, it is possible for work from 100 years ago to still be in copyright.

On top of that, it makes sense to know a bit about the later life of your subjects. How did they influence later thinkers (World War II, Colonialism, Cold War, etc)?

As far as can't libel the dead, that's not true. You can get in trouble in many countries (including key markets and holiday destinations) for insulting a country's founders or for down playing crimes against humanity.

If you ever plan to travel or research or play the movie in France, Austria, Russia or Turkey, there are more considerations to take into account.

For most things, 1860 is the safe year. Few things that happened before then will get you in trouble.

11 years, 7 months ago - Stephen Potts

I'm adapting a fictionalised veriosn of true events set in 1943 right now. Some of the characters are real people. One or two are still alive. Some are historical figures. It's tricky. Many of the facts are in the public domain, and I have based scenes in the War Cabinet on cabinet minutes which are now freely available. But the story I am focussing on is that told in a documentary novel, the rights to which my producer has secured. If you are relying on historical research done by someone else, who has pulled the facts together and told a story in a particular way, you need to consider adapting their book, which could be done cheaply and easily, and which gives you a starting point when it comes to raising funds for the film. If you have done the research yourself there's no need.

11 years, 7 months ago - Charles Harris

Hi Allan

An issue you should take great care with is the story. The trap with many true stories is that the events are fascinating, but the story that they hang on is often weak. The average true story is episodic, without a strong narrative through-line or inner character journey.

The fact that the events are true can be a distraction. They are rarely enough on their own, even if the subject is extremely famous, and even less so when it's not. At first glance, the writer thinks, "Wow! And that really happened!" But the audience generally cares less. They want a story that works.

If you have one, great. If not, you have a double problem. Because inventing the bits you need is more difficult when dealing with true events. Not simply for historical (and ethical) reasons, but also because in a true story, any fictionalised editions stand out awkwardly, like drawing details onto a photograph.

The alternative is to break the rules - with awareness. Pilegi and Scorsese accepted that Goodfellas was episodic and made it work for them. But they had (or created) a strong character arc.

Watch The Wolf of Wall Street when it comes out, too. Dazzling and brilliant in many ways, but Terence Winter can't quite pull off the same trick for Scorsese. I suspect that's because the character journey needs to be stronger.

Good luck. I've written many scripts based on true stories and they're the hardest to pull off.