What/Who you can and can't talk about...

kugar13 · Apr 8, 2009

Hello all,

I was wondering... what are the rules about talking about people and products in a script? I'm working with a few people on an indie project and wanted to make sure we didn't get in trouble talking about people, products (food, video games, books, movies, etc) and the like. We'd like to say favorable and unfavorable things, based on the views of the characters, but wasn't sure if we were allowed to. I'd hate to say something good/bad about a person, event, product... and end up in big trouble.

Thanks!

killbox · Apr 8, 2009

I'm not a lawyer but proceed with caution. Libel laws vary based on where you are, buts its not illiegal to mention people by name- but there is a fine line.

Generally, writers just write and let the legal department work out what stays and what must go for products or names. But if you are a new screenwriter and this is a first script, I might recommend you write something that removes yet another hill for you to have to climb.

Stijn Hommes · Apr 8, 2009

I've found it's generally not neccesary to use specific product names you can get away with using general names most of the time. Use tissues instead of Kleenex and ballpoint pens instead of biros.

With names you have to be more careful. Make sure you don't put existing people in a bad light and make sure your villain doesn't accidentally carry the name of a relatively famous person.

Hillgate · Apr 9, 2009

You don't need to make points in your script by negatively-referencing known products or people for it to be good or tell a story, so don't, unless it's crucial to your story and you have the written go-ahead from the person you're naming (eg you wanted to write the sequel to 'Being John Malkovich' entitled 'Being John Cusack'). Extreme example, I know, but...

kugar13 · Apr 12, 2009

Thanks

Thanks for the info guys/gals. I'm an indie filmmaker, so the things that go into my scripts are filmed by my pro-co. Unfortunately, we're not at the level where we sign checks or have a legal dept.

I agree the story is the #1 priority in a script. The main characters are entertainment junkies, so they discuss a lot of iconic entertainment elements. I was hoping I'd be able to mention things like Start Wars (I know, cliche, right?), and the like, without having to create parody counterparts. I fear creating a parody name for something they discuss that exists in real life may detract from the issue at hand.

What must be, must... =)

Thanks again!

stuckupmyownera · Apr 12, 2009

Did you ever watch Spaced?

http://www.dailymotion.com/relevance/search/spaced+jar+jar/video/x227q9_spaced-jar-jar_fun

http://www.channel4.com/video/spaced/series-2/episode-2/babylon-5_p_1.htmlv

http://www.strimoo.com/video/13183723/Spaced-Series-2-Episode-1-Veoh.html (This one's a bit long but look around 5:30mins)

They got away with it!

Team 2012 · Apr 12, 2009

Our advice: don't worry about this stuff. Are you a lawyer? Do you think people on internet boards give good legal advice?
You're the writer. Write it and if you don't sell it, it doesn't matter. If you do sell it, the producers will take care of the legal vetting.

Cyia · Apr 12, 2009

Team 2012 said:
Our advice: don't worry about this stuff. Are you a lawyer? Do you think people on internet boards give good legal advice?
You're the writer. Write it and if you don't sell it, it doesn't matter. If you do sell it, the producers will take care of the legal vetting.

No.

You need to do everything you can to make your screenplay marketable from the start. That includes doing your homework on what does and doesn't create a legal problem for a prod. co. They won't bother with "legal vetting"; they'll toss the script in favor of someone who doesn't cause them headaches.

If you're using a person's name who is dead, then you should be okay - you can't defame the dead. If they're living, you may have to get permission if it's more than a passing mention like "She thinks she's Paris Hilton."

You definitely can't attribute a disaster to an existing product, person, or entity without permission.

What/Who you can and can't talk about...

kugar13

killbox

More often than not...

Stijn Hommes

Know what you write...

Hillgate

On location

kugar13

stuckupmyownera

Mostly lurking

Team 2012

Cyia

Rewriting My Destiny