Discussion:
undefinedWhat is the name of your state?California
I would like to write a biographical screenplay regarding someone who is now deceased but was once in the public eye a great deal. This person in question has been dead for over twenty years.
Is it necessary for me to contact this person's estate or can I proceed on my own, all under the cloak of 'unofficial' biography? If I were not to obtain the estate's blessings, could I still write the film and remain specific, or would I have to change incidents and names? Ultimately, if this remains 'unofficial', how much wiggle room do I have?
Also, as this person was surrounded by other well known people, would I have to obtain clearances from those individuals/estates? I'd just like to know before I spend a great deal of time and effort on this.
Thanks.
Answer:
Is it necessary for me to contact this person's estate or can I proceed on my own, all under the cloak of 'unofficial' biography? You can do it on your own, but it might be easier if you have buy-in from the person's estate and relatives, to try and pre-empt the potential for litigation down the road.
If I were not to obtain the estate's blessings, could I still write the film and remain specific, or would I have to change incidents and names? Ultimately, if this remains 'unofficial', how much wiggle room do I have? It depends on exactly what you are writing about, and who -- there are no general answers to such a broad question. It is generally not possible to defame someone who is dead, so writing about dead people is usually easier than writing about the living.
However, since living people can and do sue for slander and libel, you will probably want to be careful about writing about real people and events where said people are still living, unless what you are writing is absolutely factual. Or, make sure you have an attorney available to review stuff.
Also, as this person was surrounded by other well known people, would I have to obtain clearances from those individuals/estates? I'd just like to know before I spend a great deal of time and effort on this. See above.