Legal Question in Entertainment Law in California
Copyright - Non-Expressive Ideas
I have written a screenplay about the life of a deceased well-known actress that I do not believe is considered in the public domain. I have received the ''ok'' to shop the script by her estate (minus licensing fees for name & likeness).
My question concerns non-expressive ideas. There may be a handful used in my script from biographies written about this actress. Do I need to get permission from the author/publishers of these books to keep these scenes in? The scenes written are NOT verbatim from the biographies. I have just used the incidents reported in the biographies and written them into scene format.
Do I need to run my screenplay by the authors/publishers?
2 Answers from Attorneys
Re: Copyright - Non-Expressive Ideas
If they're FACTS (i.e., verifiable from multiple sources, etc.) and not theories or hypotheses, you should be OK. The caution is when a biographer comes up with a unique or original "spin" on the subject's life story... that spin, and the ideas surrounding it may be subject to some level of protection.
I too, commend to you the upcoming BHBA entertainment law section luncheon program. (I'm a former chairman of the group that puts these on). More information at BHBA.org
Re: Copyright - Non-Expressive Ideas
A tough question. I suppose the answer depends on whether you could have learned of the incidents from other sources. You might want to attend the upcoming 6/20/07 seminar, "Fact-based Stories: Navigating the Murky Waters of Life Story Rights Deals," sponsored by the Beverly Hills Bar Association (bhba.org).
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