Not all good screenplays come of a screenwriter’s imagination. Some are based on novels or someone’s real-life experience and some on a famous person’s life story.
Unless your story is a completely original idea, you need to consider story rights.
Keep in mind that no legitimate producing entity will get involved in a project unless the rights are secured. If you find someone interested in your story who doesn’t inquire about the rights, you are wasting your time. So, how do you determine what rights are necessary?
If your idea is original, that is, it originated with you, then you own the rights.
If your idea is from a book, or a magazine or newspaper article, you will need to secure the rights. As a general rule, all written works published before 1923 are in the public domain, which means you do not have to seek permission from the copyright owner. Works published after 1923, but before 1978 are protected for 95 years from the date of publication. Works published after 1978 are protected for the life of the author plus 70 years. Be sure about the material—contact the U.S. Copyright Office to see if a copyright exists. If it does, approach the author to see if they are open to an agreement allowing you to write a screenplay. You can find author contact information through their publisher and journalist information through their publication. A lot of the time you’ll find that the rights have already been sold. But, a good idea is worth a shot. Contact a copyright attorney if you decide to take this route so you’re sure you’re not violating the law.
If your idea is based on someone’s life story, then they are probably a private individual, a public figure or an historical figure. For a private person, approach them or their heirs to reach an agreement for the film rights to their life story. This is not always required by law, but it’s certainly better that they are aware and supportive of the project ahead of time. It may also reveal whether exclusive rights have been granted to someone else and if not, then a whole wealth of information could become available to you, giving you a unique personal story. Contact an attorney—you want a secure document so that your time and effort on the screenplay isn’t wasted.
When writing about public figures, you cannot write any defamatory material or reveal any intimate details of their life that would be considered an invasion of privacy. You can write the story, but you have to be very careful what you write. Again, it’s wise to contact an attorney.
You can’t copyright historical facts so it’s easier to use an historical figure than a current public figure in your work. Just make it unique by telling the story in your own unique way.
Go to www.whatiscopyright.org or www.benedict.com for more basic information on copyright.
Go to www.lawsmart.com/main.html to access sample creative rights contracts.