Posted by ROCKET SCIENTIST at pcp126744pcs.medfrd01.nj.comcast.net on January 22, 2002 at 15:46:37:
In Reply to: Just wonderin', was all... posted by Darth Dobbin on January 22, 2002 at 15:04:33:
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: : In cases where the disclaimer is clearly contrary to the movie's storyline and character references to actual persons in real life, then that disclaimer would not hold much water in court.
: Then why are they there? In ROCK STAR, the same disclaimer was present, yet it was OBVIOUSLY supposed to be Rob Halford.
: But that actually answers my question, about the disclaimer not holding water.
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: There's no REQUIREMENTS OF TRUTH that a producer/director must meet in order to include that disclaimer in a movie.
: Why bother putting it in there, then, I wonder? Is it just sort of par for the course, no matter what?
: Actually, the question arises from the fact that one of the ideas that is kickin' around in my head is to write a script based loosely on events that transpired in my own life. Would I need to secure permission from the people who the characters are based upon in order to avoid lawsuits? Or can someone sue you, just because a character in a movie IS based on them?
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: : ROCKET
You don't need permission. You're allowed to do a movie about someone, real or fictitious, without paying them.
They can only sue you if you use their real name or likeness AND...I repeat AND ...harm them by way of slander, libel, defamation of character, or intentional infliction of emotional distress, etc....
Trust me when I say that you would have a very difficult time getting sued over that kind of movie.
In order to assert a civil claim, a plaintiff much show damages (i.e. libel, defamtion of character, etc.). Merely referencing someone real is not grounds for a civil claim.
ROCKET