Screenwriting : True Crime by Anthony Lucas

True Crime

I know that we need to secure the rights to real life stories but does that apply to true crime also? Once someone is convicted does the whole thing become public record?

Anthony Lucas

So name change is enough?

David Trotti

Individuals maintain "life rights" while they are alive. Life rights end when they die, and do not devolve to the heirs. This basically means individuals have a right to their own life stories while they are alive to exploit financially for themselves or to protect their privacy. This does not extend to public figures and stories which are newsworthy and in the public interest. Madonna and Donald Trump are fair game for biopics. But only in so far as you can corroborate your source material. You cannot defame or malign an individual just because they are famous. You need demonstrative evidence to make an assertion, even artistic. But if you are doing a clear parody, the First Amendment protects your rights to say anything you want.

A True crime may be reported exactly as the facts of the case were presented in court and on public record. You may still be limited in your use of actual names in the case of minors, defendants protected by judicial seal and information considered privileged or classified. For example, if you did a biopic of Edward Snowden, and you used actual names of people in the files he released you could be prosecuted for exposing classified intelligence assets who might suffer physical or financial harm from your use of their identities, even though this information is available on the internet. A convicted individual has no life rights in regard to their crime and the facts surrounding their case, but their family members still possess their own life rights beyond the immediate crime and its reporting. When in doubt consult an entertainment attorney.

Dan Guardino

Anthony it takes more than a name change if people they know will know who they are.

Craig D Griffiths

In Australia court records are all public record as are “facts” published in newspapers. You can’t use the wording in the papers. But the facts are available.

Anthony Lucas

Are disclaimers like "all names changed to protect those involved" ok?

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