If you write story inspired by a "public event", a televised case in court, using the conflict of the case but the names and physical appearances are different. Do you still need life rights? and if so, how do you go about it?
Producing : Inspired by vs Based on true events? by Mariannjely Marval
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Hello Marvelous Mariannjely Marval.
YOU are onto something magnificent and magical
INSPIRATION and true events are the precise blend
Would you write a script that is based on true events BUT, doesn't inspire you
Convercly, be very inspired yet based on fiction,
its like asking the question -which should I pick, ying vs yang
hope this helps and inspires you to always seek those real true stories
if you don't mind, I would happily share with you some of my favourite movies, that inspires me, because they are based on true events
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“Inspired by” suggests that the characters and events are fictionalized but are based on real things that have happened. “Based on a true story or event” suggests that the people, place, and event are real and close to factual but may be slightly fictionalized. On what you describe above, the former approach is safer. However, be careful, if say, the case and those involved are easily recognizable then just changing the names may not be enough. Also, if this case was extremely publicized or established some new law or created a societal movement the life rights or story rights may have already been sold. But... First Amendment rights give you the right to write about public events and public figures as long as it does not violate their privacy rights or defame them. There is a delicate balance when writing about someone without their permission. Perhaps consult a lawyer if you are concerned. Hope that helps!
If you don't use real names of living people, you are pretty safe with events, especially where they are public and have been reported. However, if what you write might be considered defamatory by someone and it's possible to determine who that someone is in your work, you run the risk of a defamation suit. If you want to get someone's rights, simply ask them for their written permission to adapt their story into a screenplay or stageplay and pay them for it. Simpler said than done, as you will need an entertainment attorney to draft that document.
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The Texas Chainsaw Massacre was based on "true story" all over the place. No issues were raised whatsoever for the original or the remakes once all that was proven baloney. They're still top of the pops in the horror genre and I sincerely doubt anyone ever paid a dime to Ed Gain who some say was real inspiration for the story.
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Thank you so much for sharing your insights!!
You’re welcome!
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Just to add, Chainsaw Massacre is extremely fictionalized and loosely “inspired by” elements of the crimes of Ed Gein, more like “borrowed.” If you know the facts of the case, the film is nothing like it. Not even close. Elements of the Ed Gein case also inspired Psycho and Silence of the Lambs—creators took inspiration from bits of true cases. “Buffalo Bill” was inspired by six different serial killers, a combination of traits from each. So again, “inspired by” or taking inspiration means fictionalized but drawn from events that have happened. Typically, such fictionalization with original characters and storylines, there’s no need for obtaining rights.
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Oh, gotta mention the Coen Brothers here. Their cheeky, mock true-crime opening to FARGO, "This is a true story,” the white text against a black background reads. “The events depicted in this film took place in Minnesota in 1987. At the request of the survivors, the names have been changed. Out of respect for the dead, the rest has been told exactly as it occurred." Hilarious! Even though technically FARGO took loose inspiration from two crimes; it's otherwise complete fiction. ;)