Based on a true story

A lot of movies purport to be "based on a true story," even when the finished product is highly fictionalized. Are there any rules or guidelines that govern the use of this label?

–Ellie Kane

Not really. The "based on the true story…" tagline has become something of a cliché for television movies-of-the-week, along with its insidious variants: "inspired by…", "in the vein of…" and the rest. You’re right in assuming that the phrase means almost nothing anymore.

I suppose a very bored, very litigious television viewer could sue a television network claiming false advertising if the movie was really nothing like the "actual events" it was based on, but what are the damages, really? Two hours wasted?

The only person who could legitimately claim damages is one of the "real people" portrayed in the movie, under libel law. That’s why a network legal department is careful to check out both the script and the marketing to make sure that none of the portrayals could bring on a lawsuit.

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September 10, 2003 @ 9:00 am |
Filed under: QandA, Rights and Copyright

One Response to “Based on a true story”

  1. Anna Tsiarta says:

    Hi John,

    Thank you for hosting this website. It is a great resource! I’m about to launch on my first feature film writing mission and I have a question if you can help me out. The film is going to be a biography of a woman in Latin America that passed away 10 years ago. The rights to her work are owned by her daughter. I have been in touch with her daughter the past months and she has agreed to give information on her mother’s life. What kind of an agreement in writing should I make with her in order to have access to material and write the script while no other writer/producer will have the same rights (for a period of time)?

    Blessings, anna

 

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