Legal Question in Entertainment Law in Massachusetts
If I wrote a spec screenplay about true events I researched from newspaper articles, is it "based on a true story?" Also, if I embelished one person's involvement, do I have to change the names? I used my own research, so this is not based on anyone else's work.
1 Answer from Attorneys
The question is more complicated than you may think. The issue becomes does the embellishment some how put the person in a bad light or open them to ridicule. The other issue as to use of names comes down to whether the named persons constitute a public figure or not. It also will depend on whether you are intentionally trying to hurt or place any of the figures in a position to be ridiculed. A public figure those concerns are of less of an issue, it only becomes more critical if you are speaking of someone of limited public notariety.
The decision to change names ultimately will be made by anyone who choses to produce the screen play.
Based on a true story gives one large leeway in dealing with these issue.
Good Luck.
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