character Do I need permission for a character to reference a real life court case?

[harmonica44]

Like if lawyer argues to a judge in a scene, that the charge is unconstitutional, can I write it so that the lawyer brings up a real life court case to the judge as a legal example? Or do I need permission? There are older cases where the people involved are now dead, but laws and society change, and may want to use a newer case, where they are not, depending on what cases I can find.

 

[GuerrillaAngel]

Yes you can, but Canadian law may be different. They're weird that way. You may find your head chopped off.

 

[ChimpPhobiaFilms]

Why not reference a fake cou-

Forget it. Bye!

 

[Birdman]

Court cases are matters of public record, ...so there is no perceived protection.

-Birdman

 

[sfoster]

Like if lawyer argues to a judge in a scene, that the charge is unconstitutional, can I write it so that the lawyer brings up a real life court case to the judge as a legal example? Or do I need permission? There are older cases where the people involved are now dead, but laws and society change, and may want to use a newer case, where they are not, depending on what cases I can find.

Can you reference Ro vs Wade in a crime drama? Yes I should hope so

 

[photon]

Court cases are matters of public record, ...so there is no perceived protection.

-Birdman

 

[Doghouse Reilly]

As long as you GET YOUR FACTS RIGHT I don't see why you couldn't reference a real-life court case.

https://www.youtube.com/watch?v=wJuXIq7OazQ

 

[RED ROBOT]

No,you're not going to get sued for your F1.4 focus test.

 

[Sweetie]

If you cannot work out a space for auditions, what makes you think you're ready to get a court room?

 

[IndiePaul]

If you cannot work out a space for auditions, what makes you think you're ready to get a court room?

Yep, just what I was thinking.

.

 

[harmonica44]

Yeah. I know they are public record, but I don't want to piss off the wrong person, saying that I defamed him/her without permission, by mentioning his/her case in this script.

 

[ChimpPhobiaFilms]

No,you're not going to get sued for your F1.4 focus test.

 

[photon]

Yeah. I know they are public record, but I don't want to piss off the wrong person, saying that I defamed him/her without permission, by mentioning his/her case in this script.

Than just make S@£# up. That's what writers do?

 

[Birdman]

Photon

...So, where's Avenger?

-Birdman

 

[kjones]

Like if lawyer argues to a judge in a scene, that the charge is unconstitutional, can I write it so that the lawyer brings up a real life court case to the judge as a legal example? Or do I need permission? There are older cases where the people involved are now dead, but laws and society change, and may want to use a newer case, where they are not, depending on what cases I can find.

In the United States, you can use the real case, protected by 1st Amendment rights (unless the case regards minors— be VERY sure not to mention their real names). If you don't have material or financial involvement *in the case itself*, you and your film mentioning the name (or any interpretation you want to take) of the case are protected.

In Canada, they have a similar "Charter of Rights and Freedoms" that _may_ provide the same or better protection.

Best advice is to call or consult a reputable Canadian law firm near you and ask the same question. Of course, anyone can sue anyone for anything, regardless of a real claim.

Best of luck!