hi evereybahdee!
(crowd response:hi dr.nick!)

i am starting a new script, and have an idea but am not sure about some of the legal issues surrounding. my question is about writing stories that use actual people, in this case a band. do i need to get permission to write them into the story?

for example, in Saving Silverman, they main characters are huge neil diamond fans. i only saw it once, but i think he was actually in it, so im sure they had permission. if i didn't need to actually show the band would i be committing some sort of copyright infringement?

thanks in advance...
...kp
www.krpdesign.com -- Visit to see my recently completed film, Dehydration

well, its called fair use, so if you never mention them in a way that could be considered bad for them you should be alright. also, if the story is a true one, and its told from the point of view of someone who was involved, who you DO have permission from that makes it legal. of course, in the end, it all comes down to who's lawyers are better, but i'd say you're probably ok, unless you plan on getting major exposure for this.

I also have a copyright question. Can you use copyrighted thingers/people/places, etc., as long as you aren't making a profit off of it, and just screening it for a small group of people? You wouldn't be actually using the events and ideas that are copyrighted, but just the people and things.

To be honest, the copyright info available on this site is spotty at best, and completely misinformed at worst. That's not to say that we all don't mean well, but relatively few of us are lawyers, and copyright law can be incredibly tricky. Your best bet is to buy a book written by entertainment attorney Mark Litwak. I like this one:

http://www.amazon.com/exec/obidos/tg/detail/-/1879505665/qid=1105456844/sr=8-4/ref=pd_ka_1/102-3060191-6896153?v=glance&s=books&n=507846

Amazon lets you browse online so check to see if the book answers your questions. Regardless, it's a must-have for anyone who is interested in participating in the film business. It's written for filmmakers, in other words, no confusing jargon or "legalese."

That said, a few points that, to my knowledge, are accurate. I'm certainly not a lawyer, but I've taken some classes in copyright law and have read up on it decently.

"Fair use" does not refer to mentions of people. "Fair use" applies to the usage of short copyrighted clips for informational purposes, e.g. a documentary or newscast.

Public figures are fair game for mention because they're public figures. However, you cannot defame them. Meaning you cannot say something you know to be false about them that could hurt them in any way. Unless they're dead, in which case, fire away, unless it hurts other people still living. If something is negative, but it's true, then it's not defamation. Please notice all the subtleties going on here, and realize that this is where it gets tricky.

You must get permission to use the names and personal details about private figures. Just having the okay from one person involved in the story does not give you the right to depict others involved without their permission. That said, that doesn't mean you can't create characters very similar to people you know.

Also, and I think this is the most often made egregious assumption about using intellectual property, simply not making a profit off something does not, by any means, make it okay to use it. However, it could certainly give you more sway in obtaining the rights. And, since you aren't releasing it, chances are nobody is going to care.

Hannah if you have a more specific question I could try to answer it (or look it up in the Litwak book) but saying "copyrighted things/people/places" is too general.

hope this helps somewhat.

Thanks, Eric, that was definitely very helpful. I'll be checking out the book later on. Specifically what I had in mind was: I'm interested in making a short based on one of my friend's work of Harry Potter fanfiction (I don't if you're familiar with it, but these are stories using the characters, places, and things in the book, all of which I believe JK Rowling has copyrighted).
Thanks!
Luv
Hani

ANY fan film (or story) is, by nature, in violation of copyright. that said, they're usually tolerated.

For sure fan films are a clear violation of copyright. It's really just up to how the intellectual property owner feels about them. Lucasfilm tolerates fan films I think, but who knows how the HP people feel about them. I couldn't find any examples of HP fan films online, unlike with Star Wars in which case they're quite prevalent.

I don't know what you're planning to do with it or how you're going to present it, but obviously your options are severely limited with such usage. If it's for friends then it's probably not an issue, but the powers that be may have a problem with it presented even on a site like this. I don't know. See if you can find out if there's any precendent.

Oki, thanks very much .
Luv