Do I need permission to write about a real-life murder?

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  • Do I need permission to write about a real-life murder?

    Hi,

    I plan on making my next screenplay about a specific murder that shocked a city.

    Now at the moment the only information I have are tons of video coverage and articles, opinions, etc in the newspaper.

    Do I need permission from the victim's family to write the script?

    My goal was to write it out myself and then get in contact with them, have them read it and have them provide me clarifications, tips, etc - if needed.

  • #2
    Re: Do I need permission to write about a real-life murder?

    I can't answer whether or not you'd need permission, hopefully someone can chime in. Law & Order did ripped from the headlines all the time, but changed many elements and also adhered to their format.

    But if it were me, I'd write my own story *influenced* by the real one - that way you're free to have creative license and not feel you have to curtail your story to match facts. Write the best version of the movie and it will be compelling. If you start poking around with relatives, particularly people who were affected by this murder, it could not only hurt those people to open those wounds, but also creative some creative pitfalls. I reserve the right to be totally wrong here, maybe someone who has done this can post. But certainly an easier route would be to make it your own.

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    • #3
      Re: Do I need permission to write about a real-life murder?

      You could look into how 30 Minutes or Less did it.

      I don't think they ever got approval from the parties involved but could be wrong.

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      • #4
        Re: Do I need permission to write about a real-life murder?

        Here's the thing: unless it's really important that people know the names of the people involved, you have no reason not to drop them. For instance, it's kind of important that people know the main character in the Rodham script is, y'know... Hillary Rodham Clinton. But if the murder you're writing about didn't involve John F. Kennedy and Lee Harvey Oswald, it doesn't damage the "truthfulness" of the film/script to change the names of the people involved.

        IANAL, but from what I understand, it's not usually necessary to purchase life story rights from the subjects of films. However, the gray area comes when you start to change things about what exactly happened, and what those people did. Done in a certain way, and without written permission from the subjects to change things, I believe you can wind up with a slander/libel lawsuit on your hands. There's a pretty good post about it HERE.

        At the end of the day, you're just writing the script. If Warner Brothers likes it, but their legal dept raises concerns, they'll change the names like that. But like madworld said, it's probably easier to change them yourself, especially if their names aren't what's going to sell your script.

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        • #5
          Re: Do I need permission to write about a real-life murder?

          Along the lines of what everyone else said, write what you want and if it's great, let the studio's legal dept worry about the rest. Your bigger issue is writing something great.

          What gave me pause and a lot more concern was your comment about contacting the family of the victim. I'm assuming from the way you framed your comment you don't know them. If -- and that's a big IF -- you think it is appropriate to contact them, be very, very respectful. And don't overstay your welcome and definitely know when too much is too much (sometimes that can be simply contacting them). If they don't want to talk to you, don't push, walk away.

          No matter how great the story, no matter how great of a writer you think you are, and no matter how gently you think you are handling the subject matter (which I'm not convinced you're concerned with if you find the subject matter fascinating because it "shocked" a city), this is at the end of the day a person who died and a family who lost someone they loved. Your writing (or anyone else's for that matter) will never be, and should never be, more significant than that loss. Be respectful.

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          • #6
            Re: Do I need permission to write about a real-life murder?

            Very good point, sbbn. Something I hadn't even thought of, and it's also a fairly good reason to change the names of the characters in the script.

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            • #7
              Re: Do I need permission to write about a real-life murder?

              There have been quite a few features and TV movies based on Son of Sam..... And all of them portray the murders incorrectly, portraying victims who actually survived as being dead, etc., but I doubt the writers got permission from anybody, my guess because it fell under "the public domain" - kinda like Hillary Clinton does.

              I agree it would be a mistake to contact victims' families, and I do not think it is necessary if the case received a lot of press.
              "Do just once what others say you can't do, and you will never pay attention to their limitations again." -[/SIZE] James R. Cook

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              • #8
                Re: Do I need permission to write about a real-life murder?

                Originally posted by sbbn View Post
                Along the lines of what everyone else said, write what you want and if it's great, let the studio's legal dept worry about the rest. Your bigger issue is writing something great.

                What gave me pause and a lot more concern was your comment about contacting the family of the victim. I'm assuming from the way you framed your comment you don't know them. If -- and that's a big IF -- you think it is appropriate to contact them, be very, very respectful. And don't overstay your welcome and definitely know when too much is too much (sometimes that can be simply contacting them). If they don't want to talk to you, don't push, walk away.

                No matter how great the story, no matter how great of a writer you think you are, and no matter how gently you think you are handling the subject matter (which I'm not convinced you're concerned with if you find the subject matter fascinating because it "shocked" a city), this is at the end of the day a person who died and a family who lost someone they loved. Your writing (or anyone else's for that matter) will never be, and should never be, more significant than that loss. Be respectful.
                At what point did I say I was "fascinated" and where did I give off the vibe that I was treating this idea without care?


                To the others, I see what you're stating with the notion that I can change the names, some events, etc.

                However, I wanted to go the same route as something like "Zodiac", or more specifically, "Fruitvale Station". If you recall, basically everything was a real-life event, although dramatized more.

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                • #9
                  Re: Do I need permission to write about a real-life murder?

                  As I understand it the law makes a distinction between matters of public record and private information. A typical murder case involves a wide array of public information.

                  But you wouldn't be entitled to trawl through the private lives of the police investigators and depict them unless you could assert that you're making a valid free speech comment on how the case played out. Say you found out that the investigator belonged to the same club as the murderer and you wished to make the point that their connection impinged on the investigation.

                  The murderer probably has minimal recourse against you fictionalizing their life and actions because you can assert valid entitlement to comment on their actions and the background to them. The murderer's family would be less clear cut, but they could also be said to be a fair subject for comment. Fictionalizing them may make sense.

                  In the name of sensitivity it probably makes sense to fictionalize the victim in most of these cases. In most cases the victim might only appear briefly, so it's possible to keep the depiction generic. It is said that you can't libel the dead, but it would be dubious to rely on that.

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                  • #10
                    Re: Do I need permission to write about a real-life murder?

                    saw this article and for some reason thought of your thread - so I figured I post it. might help you w/ writing your story. Then again, might not. either way, here it is: http://www.latimes.com/entertainment...#axzz2pIY2VEOF

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