character Writing a Screenplay about a historical character...

[Billberg]

Hey guys, I'm seeking some advice on the logistics of writing a screenplay based around a character in history.

The concept I have revolves around a man from the second world war. He died during the 1940's and I believe he still has immediate family living today.

In writing a screenplay surrounding this man, would I have to gain permission from his family? Some kind of rights to using his name? Or am I able to write as I please? The screenplay revolves around interviews that he gave before his death.



Your feedback would be greatly appreciated!

 

[2001 Productions]

If it were me, I probably would work with the family.

If the person is considered a public figure, you do not have to obtain permission from anyone and can pretty much do what you want -- though the definition of what constitutes a "public figure" is rather imprecise. If he is not a public figure, it's a good idea to get written permission from the family, if for no other reason than to protect yourself from legal action. I assume you intend to paint this person in a positive light, which I would imagine will work in your favor.

The other part of this is, since your story is based upon interviews with the subject, those interviews - whether written or recorded - may be subject to copyright restrictions. You will definitely have to obtain permission from any copyright holder(s) in order to adapt them.

p.s. -- I just noticed you're in London. My perspective is in accordance with U.S. law. It may be different where you are.