Question to attorneys or whoever can answer this.

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  • Question to attorneys or whoever can answer this.

    Do you need rights to write a screenplay from about an article from a magazine or from an idea you get from reading a synopsis from a book do you?

    Like based on true events, but fiction inspired by facts (true events) but with my creative liberties. same premise, but different characters, tone & setting

  • #2
    Re: Question to attorneys or whoever can answer this.

    Perhaps your question parallels what took place when Dan Brown culled facts from "Holy Blood Holy Grail" for "The Da Vinci Code" -- was sued -- and won -- at a legal cost HE could, of course, AFFORD!

    http://www.filmindependent.org/news-...o-write-about/

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    • #3
      Re: Question to attorneys or whoever can answer this.

      I think along the screenplay's timeline, if you indeed decide to write, people will ask, "Where did that idea come from?".

      If you say, "well... I saw it in an article." -- I'm only assuming the first reaction will be asking if you obtained the rights to that magazine article.
      Last edited by Steven L.; 08-15-2012, 09:36 AM.

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      • #4
        Re: Question to attorneys or whoever can answer this.

        I had a lawyer explain to me once that a copyright is for "original works of authorship". I took this as one unique and specific way of telling a story.

        "Ideas and facts" cannot be copyrighted. (This is even stated on the US copyright website). So if an article inspires you to write something new, it's fine. Life-rights are another story, but you said the characters would be different.

        The lawyer also advised using a variety of resources when researching your script. Don't use just one source, use a variety of books and articles (and keep a record of them) to protect yourself, just in case.

        Hope this helps.

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        • #5
          Re: Question to attorneys or whoever can answer this.

          Originally posted by Swarren88 View Post
          Do you need rights to write a screenplay from about an article from a magazine or from an idea you get from reading a synopsis from a book do you?

          Like based on true events, but fiction inspired by facts (true events) but with my creative liberties. same premise, but different characters, tone & setting
          If you're basing your work on someone's real life or someone's existing work, you need the rights. If something inspires you to come up with your own unique story, then it's your own unique story. You can't copyright ideas or inspiration.

          For example, if you read an article about the life of a particular politician and decide that you want to write a screenplay biopic about that politician, you need the politician's life story rights (as well as the rights to the article if you use it as source material). If you read an article about the life of a particular politician and decide that you want to write a screenplay about a fictional politician character that deals with a similar (but fictionalized) set of circumstances - and is in no way related to the real politician - that's okay.

          Ultimately, you should consult a lawyer to be sure, especially if you're planning on following source material for more than just conceptual inspiration... the line between fair use and infringement of someone else's rights is a thin one and it would be a shame to write an entire script only to realize you can't sell it because someone else has a legitimate infringement claim against you.

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