Is it illegal....

As always when it comes to legal question, the answer is: It depends.

(I'm not a lawyer, so perhaps someone who's more qualified might step in.)

If the thing you describe is known to everyone, I'd use it (e.g. Einstein's formulas, Keynes's theories, Thatcher's policies etc.).
I believe it depends on whether or not the character in question is a person in the public (e.g. the queen).
But I'm not a lawyer, so this is just how I'd deal with it. Can't you just hint at the person without actually using his/her name?

I know there was a successful case in Australia against a writer who included a lawyer and some questionable dealings in a book. He used the lawyer's name, which was a fairly common name, and included the usual disclaimer. It was found, however, that the dealings had been well enough publicised to obviously refer to the plaintiff.

Do you need to use the person's name? If it is fiction, you can base your story on the incident. If you are not writing fiction, does the story go against the character of the gold-finder? Otherwise, can you locate the person and ask permission to refer to them?

avid-dreamer said:

to refer to or place an actual individual in your screenplay.
For example:

Let's say that JOHN DOE found a pirate chest filled with gold coins nearly 20 years ago. Everyone knew about it back then, but didn't know what he did with the gold.
So I'm the screenwriter in the present and I don't know if this guy is still alive or not. I weave the infamous treasure into my screenplay and I use his name as the person who discovered it, but also go on to say that JOHN DOE gave a certain item of the treasure to a character in my screenplay and had a discussion with this character.

Is this grounds for a lawsuit ?

Hey, this may be a silly question, but I've only been in the USA for about 12 months and I do watch Judge Judy, Mathis and whoever else. People get sued for not paying for a drink at dinner.

Thanks people!!

Click to expand...

Here's the deal. Suppose this was about, say, something that was found and taken from the wreck of the Titanic. Fine. People know that things were found and taken from the wreck of the Titanic.

And you can say, "This was found on the wreck of the Titanic and put in this museum for artifacts of the Titanic and it was stolen."

No problem.

But if you say that X -- the real guy who went down to the Titanic and actually took artifacts from the Titanic and put them in a real museum -- took an artifact from his museum and gave it to somebody --

-- then you are in real trouble.

That's because this real person didn't do that.

And you (and presumably the movie that based on your script) has just said that he did.

You have written him into your script without his permission and made him do something that, in all likelihood he wouldn't have done and something that, in the real world, might very well have been of questionable legality.

So yes, were you to do this and it somehow made it to the screen (which it almost certainly would not) -- it would be lawsuit time.

Regarding putting real people into your script you have to ask yourself this --

are they dead? If so, fine - unless you've given this dead person living friends, associates or relatives.

Then not fine.

are they a public figure like the President or The Beatles? If so, fine.

If not, not fine.

Or, if they are a marginal public figure, like somebody who's only been in the papers for one thing -- then not fine.

Are they simply a private person --

Then again -- not fine.

In all of those "not fine" cases -- when there are living person corrolates -- when you have given the dead person a son or a partner -- and the dead person in question has a still-living son or a still-living partner, or it is a private person, or a quasi-public figure (like Erin Brokovitch) --

-- then you need to acquire that person's life rights.

It isn't really an absolute legal requirement.

But if you expect to be able to make the movie, the life rights are going to be needed, and if you don't have them, it's going to be an impediment.

And for what you're talking about -- a single throw-away reference, it's a complete waste of time, money, and effort.

Just don't refer to the guy.

NMS

it really is just as easy as the law and order "ripped from the headlines" method. change the name, location, and some of the details and the story is yours.

avid - keep this site handy for real legal questions (2 or 3 years from now) when you really need them. he's scriptwriter* friendly http://www.marklitwak.com/

*but please don't abuse it and turn him off being so

Something to Google:

DB Cooper

He's a "public fugure" and his crime is part of public record. So he ain't got nothin' to say about it. Write whatever the heck you want about him. (I dare him to step forth and take you to court! )

Now his family--that's another matter. His mom and dad, his siblings (if any). You shouldn't include any of THEM in your story because those people are NOT public figures, and there's nothing that they did that became part of the public record.