Hello,
There is a book that I just read about a lady that lived in a nearby town that I grew up in. She died in 1979. The author of the book is also dead. There has never been a screenplay made. Do you need permission to write about something if it is based on facts?
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Great Q!
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Write as a sample. And if anyone is interested, let them worry about lawsuits.
Every year there are Plenty of biopic screenplays on The Annual Black List best unproduced specs by unknowns/first timers. Them and their reps dont worry about rights. Talk to them writers.
There was a spec about senator Ted Kennedy's conspiracy coverup-crime when he crashed his car , killing the female passenger. I think spec got made. Kennedy family sued the movie company.
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I remember when Spielberg's Amistad came out around 1998. He was sued for plagiarism by the author of a book about the Amistad revolt, an actual historical event. Don't remember how all the legal wrangling turned out, but the big question was "who owns history." So your question as stated by Ty, a grey area.
Dan's idea of writing a sample will also help you perfect your craft of screenwriting. Regardless of the outcome.
Hope this helps :)
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Thank you everyone for all of this great advice. I should probably just focus on one of the original ideas that I have and leave this one alone.