Anyone of any opinion on how to handle DECEASED real-life characters appearing in a historical-fiction screenplay? Yes, I know I can not libel the dead, but if one or more character got into an (aghem) compromising romantic situation [that could never have occurred in reality when they were alive] am I opening myself to possible litigation?
Screenwriting : Historical Characters in Historical Fiction... by Jack Bybee
Historical Characters in Historical Fiction...
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My understanding is that it is generally "okay" to use the names of deceased people in your work and even create scenarios/events that did not actually happen—consider Forrest Gump as an example. A person’s right to privacy expires when she/he dies, and you can no longer be sued for libel.
However... that does not mean there aren't any potential legal issues or obstacles. If you are writing about a deceased person that involves others that are still alive, then you could open yourself up to litigation. Sure, you could obscure those still alive in your work—change names, switch gender, altar looks, change ethnicity, etc, etc, etc.
Another possible lawsuit... if you put the deceased person in a negative light, in some way that could damage that person's reputation, you could be sued by that person's estate.
So my advice: Talk to a lawyer. Talk to an entertainment or copyright lawyer about the specifics of what you are wishing to do.
Hope that helps. Good luck! ;)
It is alright if at all you are doing the documentary of the said person/s otherwise; if you are just telling a story, you can veil the true personality, and then go right into your story telling.
Litigation would arise when and or where you are doing the documentary the wrong way, without the express permission of those concern i.e. the family members or the children, if at all they would imagine some gain in the litigation.
Don't stress. You're not in the race and you're worried about lawsuits which will affect your story telling and point of view.
Just do your job and write. If it's any good, there are wonderful lawyers and Producers who will get on board and do their jobs.
Plenty of current fictional movies about deceased people get made with or without life rights. Just saw a BS movie about Bruce Lee. The Filmmakers made up their own history.
Everyone has an opinion of lawyers, mine; lawyers are nothing more than the sand enmeshed in society's gears. I'm developing a fictional documentary style story (western) based on the life/death of a real person.
"Based on a true story...." "Inspired by a true story..." covers a lot of things. :-)
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Jack, you certainly can write what you wish to write. If it goes further, sure, then any legal issues may be addressed at that time. Or perhaps it is later determined that it cannot go further for whatever reason. However, in my opinion, it's prudent to at least know and understand what possible obstacles lie ahead. But you do what makes you comfortable. Again, good luck!
When reading a list of historical figures from Assassin Creed(today on Wikipedia), to my surprise, one of them was Jesus(probably not in a game, maybe in the series stories). They said Jesus used Pieces of Eden to perform miracles and was killed by Templars 'cause He had too many followers. If someone actually did something like that, to make up such a fiction, I guess you can write pretty much whatever you want!:)
As the author of eight historical novels (six traditionally published), I can tell you that in the literary world, readers can accept 'gentle' postulations by authors, as long as there is some sort of basis upon which to build them as uncovered by your research. Depending upon how far back your work is dated (really only if there are direct descendants still alive), there is no legal issue whatsoever.
THANKS ALL of YOU ! What a great response!
The fiction + screenplay takes place in South Africa, circa 1890 - 1908. ALL the characters in the screenplay have long since shuffled-off. 3-4 of these characters are very well known (societies, etc. dedicated to following them, studying the actions, etc.) That is my only concern.
BUT I now have a greater peace-of-mind and the freedom to create - based on your feedback. THANKS.
BTW - The book the screenplay is based on is my Journal of Rudd (1897 - 1903) e-book, on Amazon, if anyone is interested.
Donna Russo Morin:
As a, now, retired technical writer, I love research. You say: "...as long as there is a basis upon which to build the character(s)...." Yup! It's called the Dutch and British colonization of Southern Africa - (First Boer War... Second Boer War) plus the characters who devised, created and influenced that society in that era.