Fictional film in real setting?

[Wally]

I've been trying to find an answer to this question for a while, but no one can give me a definitive response. Can I set a fictional film in a real life location? For example, can I set a horror movie in a state park? I'm not going to actually film there, but can I set the movie there and mention it by name? The script in no way speaks badly of the location, but the "evil creature" in the film is found there. I want to set the movie in a real location because I think that's more fun for audiences, but I don't want to get sued or anything.

Thanks.

 

[ChimpPhobiaFilms]

Hello new dude

It depends on how you want to distribute the film. If you are planning to get money or show the film to a mass audience, you will probably run into copyright issues.

If the park/area is being shown in a positive light, they may allow you - or you could even get money from it as a product placement (although not likely).

Contact the owners of the park/location, and ask them. You may need a contract depending on how you plan to distribute the picture.

Best of luck!

 

[Alcove Audio]

Is the name of the "real life location" intrinsic to the plot and characterizations? If the answer is "no" then use a fictional location. If the answer is "yes" then do your due diligence and consult an entertainment attorney, as only a legal professional can obtain a definitive answer, because the answer will depend upon the location and the the ownership thereof.

 

[directorik]

Chimp, “copyright” is the right to make copies of a literary,
musical or artistic work. A location is none of those things.
Horror movies have taken place in specific cities, real cities.
Horror movies have taken place is specific buildings, real
buildings.

Can I set a fictional film in a real life location?

Yes, you can set a horror film in a State Park.

Yes, you can be sued. Anyone can sue for anything. Your
question really is will you lose a lawsuit. No one can answer
that. The State may feel a horror film puts the park in a bad
light (even if you feel it doesn’t). I suspect the reason you
haven't gotten a definitive response is because there isn't one.
No one can know if a State will sue or if you will win or lose.

Something to think about; Was “Jaws” less fun for you because
it Amity Island doesn’t really exist? I know that the fact that the
movie wasn’t set in a real place did not harm it’s box office or
the interest people showed the film. How about “Friday the 13th”?
Less fun for an audience because there is no real Crystal Lake?
“Saw”? Less fun because it didn’t take place in a real place?

Many horror films have been set in real places; “28 Days Later”
in London, “The Exorcist” in Georgetown, “The Blair Witch Project”
in Burkittsville.

 

[Wally]

Thank you all for your input. The main reason I'd like to set it in a state park is that the movie us a found footage film. I want to make the film appear as "real" as possible. I originally had things set in a fictional place, but figure if it's set in a real location we can foster the illusion the events in the film really happened. If people can look up the obscure location I found and see it does exist, I figure it can only help. So while not central to the plot, it is a potential tool to promote the found footage as real.

 

[directorik]

If people can look up the obscure location I found and see it does exist, I figure it can only help. So while not central to the plot, it is a potential tool to promote the found footage as real.

That's been done. The first time it worked. The next 30, not
so much. But the makers of "Blair Witch" didn't get sued. I
see no reason you will be. Unless your movie makes more than
that one....

Is it a State owned park? Get permission to shoot there. That
should mitigate any legal issues.