WHEN YOU NEED A RIGHTS RELEASE (Classic Post)

When interviewing a subject for a screenplay do you need to take any legal precautions like having the subject sign a waiver before you start that process to protect yourself from any future litigation?

William
NYC

Generally, if you are telling the life story of the person you are interviewing (or his/her story is part of the story you are telling), you need to obtain a release for material he or she shares with you. This is true even if you plan to use only a few of the person’s experiences. Rights to someone’s life story and experiences can be protected by a number of legal principles including right to privacy and right to publicity. These protections are made stronger by the fact that you are actually interviewing the subject.

On the other hand, if you are interviewing the subject about public facts that are not personal, you usually do not need a release. For example, if you interview a physics professor about general time theory to do a story on time travel, you normally do not need a release. However, even in this case, you need to be careful. If the physics professor has some reasonable expectation that she will be compensated for her contribution to your story, she may have some legal rights even if the information itself is public and not legally protected.

To protect yourself when you plan to interview someone for background information, let him or her know you are a screenwriter and looking for general background information. If you do not expect to pay someone for providing information to you, always be clear about that before you get the information. Most people are happy to share information of this nature for free. If you wish for more personal information or experiences or if you plan to use the person as a character in your story, always get a release.

Category: Legal


GURUS AND OTHER MIRACLES (Classic Post)

I’m going to share with you a powerful screenwriting secret. Take notes. Here it is: You can’t learn to write screenplays in a weekend. Don’t try. Don’t get dejected when you haven’t done it. It doesn’t matter how many tips, structures, frameworks, conflict patterns, ennagrams, secrets, approaches or anything else you’re given; it won’t happen. Here’s another secret: You can’t learn to write scripts by reading a book. There is no magic process to follow that results in a “script that sells.”

Am I saying don’t go to weekend courses? Don’t read books? No. Do whatever you want. There are lots of great books out there and lots of popular weekend courses. Some of them have valuable insights. But here’s how you actually learn to write scripts. Read scripts on an ongoing basis, write scripts, study scripts, rewrite, examine ideas about writing, write more, challenge your approach, strive to improve, sweat, think, imagine, write and rewrite more, hone, polish…repeat as necessary.

Writing is a complex and difficult process. It’s like playing piano. It involves hard work over a sustained period of time and it never gets easier, only better.

Nothing less will forge you into a real writer.

Got it?

Category: The Craft