Reader Question: How much of a real life person’s life can I use in a story without getting sued?
Question from Anonymous:
Thanks for writing the blog, I have read religiously for the last year and a half.
I have a question for you.
I am writing a script based on a relationship I was involved in. How much of a real life person can I use without getting sued? Is changing the name enough?
If there aren’t specific things involved like molestation or drug use or criminal past involved, is there anything else that she could find incriminating?
If I portray the girl as a freeloading bum and she was one in real life, what do I need to do to protect myself? Is that a liability?
I know the script has to be cleared to get E&O Insurance, but I was curious if you had any guidelines.
Lawyers, please weigh in.
From my perspective, you have two things going on. First there’s the legal concern. Could she sue you for defamation of character? Whether she has grounds or not, I think it’s probably fair to say she could bring a lawsuit against you. Hell, Sean Combs just got sued for $1 trillion for — among other things — being culpable for 9/11. So if that suit can get filed, what’s to stop Ms. Freeloading Bum Ex-Girlfriend from making your life a legal hell?
The second thing is this: Do you feel like she’s mentally stable? Is she just a freeloading bum or could she also have some mental issues? Because if you have any doubts about the latter and you live in the same continent, perhaps that should give you pause — for what’s to keep Ms. Freeloading Bum Ex-Girlfriend from becoming Ms. Stalker Ex-Girlfriend From Hell and coming after you? Forget worrying about her wielding a lawsuit, what about an axe? I’m not trying to be flippant here because I have a friend whose daughter had a situation like that — not fun.
Allow me to dig deeper. Do you feel like what transpired with your ex is really the stuff of a major motion picture? Being in a lousy relationship with someone can really suck and to those involved may seem like a really big deal. But if you step back from the actual experience and look at the thing with an objective set of eyeballs, does what happened feel like a movie to you?
What if what’s really important here is not so much about writing a million dollar spec script, but rather an exercise in working out some frustration, even anger toward your ex? Because if you need to do something to accomplish the latter, then perhaps writing a scathing script about her is just the thing for you. In that case, you can write it as truly and accurately — per historical details — as you want because the script is meant just for your own benefit.
If however you are convinced that the events that went down between you two are truly cinematic and you are serious about wanting to write a script about said events in order to shop it on the spec market and try to sell it, then — Mr. Not A Lawyer speaking here — change as much of the details as possible. That may not prevent her from suing you, but it may be enough to keep her from winning the lawsuit.
Can’t say anything about protecting you from an axe, however.
Once more with gusto: CALLING ALL LAWYERS! Do you have any advice for Anonymous as to his legal concerns?