Possibly complicated legal question about fictitious documentary

Aaron M

Aaron M

Hi.

I'm thinking about creating a documentary for a fictitious person.
What I want to do is interview people and have them tell stories from there own lives and have them attribute them to this fictitious character.

After recording enough stories, I'd like to edit them into a cohesive narrative, possibly having individuals re-tell there stories as different characters, from different points of view, possibly having them re-tell other people's stories.

I'm basically asking people for there stories - and then lying about them. Which I don't mind being up front about.. it's just that to put that into legal terms.. would it be as simple as adding a clause to a standard release form that says "I'm going to twist and manipulate and lie about your stories, and that's okay with you."?
and "you will be given writing and acting credit's, but no financial return."?

It seems like that would be enough.. but..

Am I asking for trouble?

Any input would be great.
 
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I'd avoid the legal trouble entirely by skipping the bit about folks telling you their real stories and you twisting them. Why not include your talent in the ruse as full improvisational actors? You'd probably arrive at your desired outcome with a much lower coverage ratio, and no one gets in trouble.
 
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Based only on what you mention here I see no problems at all.

You are not actually making a documentary, you are creating a
narrative in the style of a documentary. You are telling the
interviewees up front that you will change the intent and meaning
of what ever they say to fit your final product. You will give
them credit not only as performers but as writers and won’t pay
them.

To me this is no different than doing a completely improved movie
and not paying the actors. Treat these people as actors and not as
subjects of a documentary. As long as the contract is clear and the
interviewees know what your intent is I see no legal issue at all.
 
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Thanks for the quick responses.

the idea was inspired by the website "someoneoncetoldme.com"
the genuinely funny, heartbreaking, and beautiful real stories from virtually anonymous people is central to the idea.. (well really, it IS the idea) the fictitious subject is secondary, but I thought would be pretty important to give a narrative structure..

I'll take both of your advice's. Long as I'm strait forward and honest about it I should be alright - but I'll see if I can't find an entertainment lawyer just in case.

Thanks.
 
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as long as they sign a release, you're fine.
The funniest release I ever signed was for the Tonight Show and it read "undersigned agrees we can use this content in any way we wish in the universe."
 
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grinner said:
as long as they sign a release, you're fine.
Click to expand...

This will not protect you from a civil suit entirely. If they feel mislead, as in they think they are speaking of one topic and they were not made aware in any way how you actually intended to use the footage, they have grounds for "breach of contract" and can sue you.

That doesn't mean they will win because you would theoretically have a release form, but a judge is not going to throw this out without hearing evidence and it will cost you.

Just be very careful.
 
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I'd consult an attorney for the "right" release where they give you the right to fold, spindle, mutilate, twist, attribute to other people, digitally alter, subject them to scorn and ridicule, etc... In other words one where they sign away any and all rights to everything. They will probably sign it without even reading it.
 
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What is the difference between this and a reality tv show? The cast in reality tv shows basically do the same thing. Sign a release and have no control over what the editors do with the footage...which is to edit it to the advantage of the show.
 
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