Screenwriting : Biopics by Cynthia Garbutt

The fact that you are using several sources helps. If you were basing it on a single copyrighted work, then you'd have more issues. You wouldn't be able to submit the screenplay to contests, for instance. It also matters how long ago this person died - if it was a very long time ago, then things they produced would be in the public domain. However, in terms of actual film production, if this singer has living descendants the life rights cost would probably be significant.

The singer died in 1959. Not that long ago. So there would be living descendants. Thanks for all the insight.

Multiple sources: this means each piece of information comes from multiple sources. If a piece of info only comes from one source, that may be copyrighted material. Family: you are going to need some family member onboard, There are a pile of biopix dead in the water in Hollywood because they can't get a family member to sign off on them. Once the script has sold to a studio, the family members often think this is a get rich quick situation and try to hold the studio hostage.

Cynthia, if you are NEW to this, you should be aware that the songs you might want to use are still under copyright. The rights to using MUSIC associated with the singer can be expensive whether you need to use this music for a TV movie, a play, or a film. It is my opinion that when a newcomer does things that will add EXPENSE to a script, the people you pitch it to will take that potential expensiveness into account when making a decision. Wouldn't you???

I am NEW to writing biopics. I'm already aware of copyright issues with the MUSIC involved. There would be no point in not using the songs written and/or recorded, by the singer in the film. The media resources and the approval by their estate, in writing about said person, is what I am concerned about. It's an internationally famous singer's story; with that being said, I wouldn't imagine it to be on the LOW budget end of the spectrum.

Saw LOVELACE, brilliant! So good that she's still alive and to see her at the ending. It solidifies the story. Too bad, with my project the person is long time dead. But I would love comments from her descendants, those willing that is, to be included.

I'll be trying to contact the descendants ASAP. I totally agree with the reasoning on the clearances. No parody involved here. This project would be taken up for the love of this music legend, as it is in my case. I've studied music in the past and my mother was a professional singer (during the time of my singer of interest). I'm a massive fan of: the singer's music, amazed by their dynamic life story, the genre of their work and the unanimous impact and contributions they've made to popular music (awarded accolades posthumous) especially on singers, on a whole.

The issues with biopics based on someone who was a singer with close family members still alive presents such a rights tangle that you might want to hold this idea until you're more firmly established as a screenwriter. That's unless you have professional contacts in the film or television industry who would work with you on this concept.

Richard, yes, you are so right!

Richard is very right. While it's true you should follow your own passion and write what you're inspired to write, this is one of those instances when you need to be prudent and practical. Basically stop thinking like a writer for a second lol. I know it's probably not what you want to hear but unless you first secure rights to the story through the proper channels writing this on spec could prove to be a huge misapplication of your time and talents not to mention cause serious heart break if you finish it only to find out you can't get it cleared. have you ever considered using this real life person as an inspiration for a fictional version of a story in the same vein?

Totally agree with you guys. I've done all the online research that's currently available (but I do check for updates, weekly) started one of the biographies and looking at biopic of musicians, especially. So before I went any further and thinking about a synopsis for the story, I considered the legal ramifications. I don't mind doing the research at all, in fact I love it. Researching was an integral part of my previous career. And I've already been a huge fan of the musical talent in question. I knew some general points about their life story already, so finding out more details really got me going. But, I don't want passion to get in the way of prudence. However, I will continue to pursue connections that might be able to make this project happen. There's a living breathing, singer whom I've observed, that I believe would do justice to the role. And I did think along the lines of that last point you made Oldrich; as the angle of the story. It would be a fictional version of who inspired this singer; as if they were living the life of a past musical legend. Hope that makes sense. But, would the same legal principles, apply?

I'm not sure what you mean about this last bit. what i meant for example is the terrific movie 'Last days' by Gus van Sant. he couldn't get the rights to Kurt Cobain's life/name so he just made a movie about a "fictional" rock star even though it's so blatant and obvious that it's cobain. I think he's even admitted that publicly and as far i know there wasn't law suit or anything. if you haven't seen it check it and you'll see what i mean.

I will check out LAST DAYS. Sounds like the kind of angle I'm shooting for.