copy-write question

jcribbs

jcribbs

Hello,

Yall are all so brutal here, I hate to even post.

but......I have a question concerning copyright laws before I go much further in my project.

Years back, we had a series of incidents occur in our tiny little area concerning a sheriff. If I change the area and the names and even alter some of the incidents slightly -- is it considered a copyright violation?

This is the basic log-line so you get a feel of where I'm going.

A longtime southern Sheriff, above the law and impervious to consequence, has always covered his tracks at any cost; but when Mama Justice finally comes calling -- she uses her own set of rules and sports a very old code of justice.
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Just not sure if I should pursue something that I can't do anything with. It is a very interesting story and gives a true insight of what really goes on in them thar hills of Arkansas that's never talked about or voiced among the people down here. But another issue is -- since this was a hillbilly sheriff and in my area, it would make absolutely no sense if he was from NY city or LA or anywhere else. Things are different here and we do things different. Even the law is different.

Would I be in violation with name changes and maybe 100 miles or so from where I live?

Another question is -- Do I have to use my own name if someone actually wanted it? I like being alive.

Thanks in adv,
Jenn
 
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You mean copyright, not copy write.

And what you are asking has nothing to do with copyright. Copyright is the right to copy someone's work.
 
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NEVER MIND on this answer. I am going for it because it feels right and I am excited about this story!

Got about a 100th of a chance in hell of anyone wanting to look at it anyway. I have nothing to lose as long as I keep my mouth shut about it where I live.

Jenn
 
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jcribbs said:
Y'all are all so brutal here, I hate to even post.
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No, not brutal - well, maybe a little - but forthright and honest.

I've found IndieTalk to be one of the best filmmaking sights on the web. The idea here is not to make you feel good, but to make you a better filmmaker.

The first lesson that needs to be learned by any creative is which "voices" need to be heeded and which ones can be ignored, or, if not ignored, their importance greatly downplayed. The "voices" that deserve your attention tend to be on the professorial side (I think that some of us are frustrated teachers) but like any good teacher they will occasionally give you a smart slap across the face to get your attention. And sharp constructive criticism is something every creative should welcome and savor. One of my favorite aphorisms is "A true professional is one who knows that there is always more to learn." I get together on an informal basis a few times a year with other sound folks in my area, and we rip each others work to shreds.

When I was first getting into audio post and the world of film I was fortunate enough to get a little long distance mentoring from Randy Thom. When I asked why someone of his accomplishments and extremely busy schedule would bother he said that the standards of the art of sound need to be maintained and upheld, and that newbs often have amazing insights since they don't have the canalized thinking of the long established professionals - there is always something new for him to learn, and those lessons can come from amazing places.

So although we may be brutal here at IndieTalk, the goal is for all of us to learn together and to perfect our skills at the craft we all love so much.
 
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Primary Colors was loosely based on aspects of President Bill Clinton's life by the then-anonymous author, Joe Klein).
So something like that was done in the past.
 
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If you are making a doc, and the incident has been covered in newspapers, etc., especially if the sheriff was convicted of a crime, you should be able to proceed as long as you stick with the facts. If you start speculating, this is where it gets iffy. Be careful here.

There are some right to privacy issues here. If the parties involved have been previously identified (news reports, etc) then you're okay to mention them by name. However, if they have not, you either have to get a clearance from them OR be absolutely sure of your facts and weighed with the public's need-to-know, present it as a news story. Elected officials like your sheriff has no expectations of right to privacy.

If there is a lot of grey area, go with fictional names and a fictional city.
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Since you said you were going to do it anyway, make sure you keep copies of all your facts on file, and if you can, get a clearance from anyone you have speak on camera unless it is news footage, in that case you'll just need clearance to use the footage.

And finally, form a limited liability corporation. This will keep you from losing your house!

Good luck!
 
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I have a very similar issue (different story)

I don't think privacy, or slander makes a hill of beans difference if your making a movie "based on actual events" Why change anything to protect anyone? Its just a movie, unless you ARE making a documentary, what responsibility do you have to tell any truth.. ??? The worse that can happen is someone will come and kill you in your sleep. :)

Go one step further and don't even say that its based on actual events, just tell the story, make up parts that you need to to make it great, and call in fiction.
 
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The only issue I could see you running into is copyrights the State or County (or whoever) holds on the logos of the Sheriff's department if you use it as-is.

Beware also, though, of slander and libel laws which the State or County (again, whoever is the governing agency over the Sheriff's Dept.) may try to raise depending upon the factual accuracy of the piece, once again if using the actual name of the sheriff's office.

Its been a rather common-place element for Hollywood productions to change the logos and paintschemes to avoid copyright issue with real agencies (Real PSP Cruiser: http://img.photobucket.com/albums/v516/Jnetzlof/PspReal.png PSP Cruiser from Tony Scott's "Unstoppable:" http://img.photobucket.com/albums/v516/Jnetzlof/PspUns.png Note the obvious paint difference, as well as the lack of the Keystone inside the logo in the film version.)

A way around slander and libel is to set the story with in a fictionalized county (Unstoppable did this with the fictional town of Stanton, PA within the fictional county of "Wilkins") so let's say your county of residence is Bricks County, go with "Brisco County." Similar enough to get the point across, but different enough to be legally distinct. *I would avoid copying the actual Sheriff's office paintscheme on the cars, as well, unless you live in a state where the Sheriff's departments use a standardized paintscheme (Like Ohio does, and Pennsylvania is beginning to adopt.) And even then find some way to make it legally distinct, yet reminiscent enough to get the point across.

This advice is what I'm suggesting for anything that has major plot elements focused on the police agency, with any chance of misrepresentation. If your film includes a police officer who has a very incidental and non-important role (IE- One directing traffic at an accident scene) there should be no huge issue with using a department's logo as long as, once again, its not a focal point (As seen in this scene from "Criminal Minds" which bothers me for other reasons not important to anything: http://img.photobucket.com/albums/v516/Jnetzlof/Image2.png )
 
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