Rights and Copyright

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.

I had some questions about copyrighted materials. I
know you have to pay the recording companies for the rights to songs. What
if I have a character singing
Foreigner’s "Urgent" in the shower? Will I get sued?

In the same vein, can I have a character argue the
merits of McDonald’s Big and Tasty or will I have Ronald’s team of lawyers
calling me up? I know different
films have portrayed companies negatively before, most memorable (in my mind)
being RAIN MAN, which had Tom Cruise proclaiming "K-Mart sucks!" But
I don’t know if that was somehow approved by K-Mart or not.

–David Scott

Here’s the difference between writing a screenplay and making a movie: as
the screenwriter, you can do anything you damn well please. You can have your
hero urinating on the Pillsbury Doughboy while smoking crack with Mr. Clean.

Now, when the time comes to actually make the movie, there may be a legal
team offering very cogent arguments for why that can’t happen. The Pillsbury
folks might sue, and even if they wouldn’t win, the threat of a lawsuit might
be deterrence enough. And in the case of Foreigner, they might ask for too
much money. It happens.
But by the time it comes to make the movie, you’ll hopefully have strong producer and director who are so entranced by your brilliant writing that they’ll help
you fight to get your vision on screen. (More likely, they’ll cower and capitulate
and blame other people, but let’s just pretend.)

In short, David, worry about writing the best scenes and not about lawsuits
or song rights.

I’ve written a screenplay adaptation of a young adult novel.
The rights to the novel are available, and a one-year option can be had for
a not-cheap but do-able fee. Does it give me any advantage or protection to
option the book myself before shopping the script to studios and production
companies? Obviously what I want to avoid is introducing a buyer to the book
by way of my screenplay and then seeing them pursue the story without me. Would
buyers be just as likely to wait out any option I have if they like the book,
but not my script, as they would be to "steal" the idea if I don’t
option it?

–SP

Most
scripts don’t become movies, and a hundred things could go wrong
in the process. You might end up shouting at people, suing people, or
being shut out. But if you’re really interested in making a movie
from this book, go for it. The only way to never get hurt in the film
business is to never get in the film business.

Have you tried to option the book yourself? Even if it’s out of your
price range, it may be worth trying to forge a relationship with the author,
or at least the author’s agent. If they like your approach to the
material, they’re much more likely to stick up for you down the
road.

If you can’t get the agent to take you at all seriously, then you’re
going to have to get someone more powerful involved. A producer/production
company is one option, as is an attorney working on your behalf. Whatever
happens, remember that a good screenplay has value beyond its produce-ability.
Even if your script never gets made, it may open up other opportunities
for you as a writing sample. But it won’t if you never show it
out of fear.