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Compilation © Robin Kelly 2001 - 2003
Edited and compiled by Robin Kelly exclusively for Writing for Performance
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From: Justin Bellinger, Producer, Artistry Media Limited
Subject: Re: Legal Issues
Under UK law, you cannot libel a dead person and as I understand it, this is also applicable in the US, but as was pointed out, the laws are more complex in the US.
For instance, where the "star" is still used in business (image, etc) you could libel the business (most estates are set up as businesses, to continue contributing income) if the image is subject to recognition by association to the business. Elvis would be one such image.
You must also be careful that the story does not libel someone who is still living, by implication of their real life association with the star who's story you are changing into your "alternate reality". The research on making sure that doesn't happen could easily take years!
So, my advice, unless you are very sure of your research, facts and legal standpoint, don't do it: life is too short.
On the point of using the script as a calling card, if it is libellous as a film, the script is the same. The communication of the defamatory statement to anyone other than who the statement is about will constitute the publication of said statement, which makes it libellous.
There are certain defences against defamation, in particular: That it was fair comment on a matter of public interest. This of course could be the star. In order to use this defence, you would be required to show that the defamation was an opinion, not a statement of facts.
You should also be aware that legal aid will probably not be available to you (this is a civil crime, not a criminal one and the likely prosecution will be private).
NOTE: I am not a lawyer, and you really should take legal advice on this one!
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From: Dick Hamilton
Subject: Legal Issues
In addition:
I am a lawyer, though defamation wasn't my speciality, and Justin's got it right. To be more specific.
To say of someone, "He has sex with donkeys, beats his wife, and drinks like a fish," is defamatory EVEN IF TRUE. With a few exceptions, nobody needs to know these things about someone. To say of someone, "He has sex with donkeys, beats his wife, and drinks like a fish," is defamatory IF FALSE. Obviously.
To say of someone, "THERE IS NO TRUTH IN THE RUMOUR He has sex with
donkeys, beats his wife, and drinks like a fish," is defamatory. Until someone mentioned the rumour, nobody would have thought of it; and it leaves a smear, on the "no smoke without fire" basis.
To say of someone DEAD, "He had sex with donkeys, beat his wife, and drank like a fish," cannot generally be defamatory of him; he's dead, and defamation is a remedy only open to living persons. But be careful; the mud might spatter a living person, e.g. the wife, who could say "I'd never live with someone who beat me, etc etc."
So you've got to be very careful, and it can't be worth it. If you've seen "The Contender", there is one element of it which has parallels with Edward Kennedy and Chappaquiddick. But it's nowhere near enough to make anyone think it's meant to be him.
As for Orson Welles' "Citizen Kane", he was certainly sailing near the wind as far as the still living William Randolph Hearst was concerned, a huge newspaper tycoon!
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From: Emma Harding
Subject: Re: Query about libel law
With regard to the query about libel law, there are a few basics:
1) It's not possible to libel a dead person, but if the people concerned are still alive, you have to be careful.
2) A statement is deemed to be defamatory if it does one of the following:
i) Exposes him/ her to hatred, ridicule or contempt
ii) Causes him/ her to be shunned or avoided
iii) Lowers him/ her in the estimation of right thinking members of society
iv) Disparages him/ her in their office, profession or trade.
3) Even if you don't name the person, you can still be done for libel if you give other information that makes it clear whom you're referring to. Or if you generalise about a small(ish) group of people, all of those people could take you to court: e.g. if you said 'All the Cabinet ministers are corrupt.', it's conceivable that all the members of the Cabinet could take you to court for libel.
4) Take care if you invent fictitious company names. You must do a negative check to find out whether a company by that name exists.
5) Quoting someone else's defamatory words isn't safe either - you're simply repeating the libel.
So go carefully, particularly when you are fictionalising real events and/ or find a good lawyer!
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From: David Sturgess, Medialex Legal & Business Network
Subject: Media Law for Screen Writers
Medialex Legal & Business Network (run a )'Media Law for Screen Writers' course. The course covers subjects such as contracting, copyright & moral rights, publishing on the Internet and new media applications ...and much much more. The course is subsidised by Skillset and costs UKP 75 + VAT per person.
For full content breakdown and to reserve a place please contact us now at info@medialex-uk.com or phone 020 7434 0966
Also see our web site for FREE LEGAL SURGERY at www.medialex-uk.com
David Sturgess
Medialex Legal & Business Network
68-70 Wardour Street
London
W1F 0TB
Tel: +44 (0)20 7434 0966
Mob: +44 (0)7885 375451
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From: Sonali
Subject: MA in Screenwriting
The MA in Feature Screenwriting that has the best reputation in London would probably be the one at the London College of Printing (the Elephant and Castle campus I think). I was planning on doing an MA last year, so did all of the research into good courses in London, and this one seemed to be rated best (although I didn't take it in the end - funding problems - so I couldn't give you any first hand accounts). Hope this helps.
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From: Kristine Underdown
Subject: MA Screenwriting
In response to your correspondent seeking info about an MA Screenwriting course in London, I have just finished this course at LCP (call 7514 6000) for prospectus, and can highly recommend it. Two years, one day a week, (and lots of work at home!) and you cover short film, drama or comedy, adaptation and feature film or TV film. Course tutor is the highly renowned Phil Parker, the Bearded Inspiration, author of the Art and Science of Screenwriting,published by Intellect. And if he's reading this, he owes me a beer for plugging his book!!!
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From: BDJC
Subject: MA in Screenwriting
Just to let you know that the John Moore's University in Liverpool has just validated a new part time MA in Screenwriting. It will be taught by working writers and have numerous guest speakers (on the previous course these included McGovern, LaPlante, Red Productions, BBC, Mersey TV, Granada, Lime Street Productions amongst others). It is hoped to build links with the writers MA in NYU and UCLA. An exciting and interesting course that will be of use to any writer.
for more info contact
Helen Briscoe
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From: Julian Friedmann, Blake Friedmann Literary Agency
Subject: MA in Screenwriting
A new MA has just been announced, starting this September at De Montfort University in Leicester. The MA is a part-time course run over two years. 'Students' - who are expected to include professional writers and script editors - have to be on campus for 24 days a year. The writing and research is done from home and via the Internet.
The television industry has given a warm welcome to the course. The philosophy of the degree is grounded in realism about what today's industry actively seeks and requires. It aims to offer state-of-the-art professional training, which at all times will attempt to maximise the chances of students finding successful employment in this field during and after graduation.
There will be a focus on producing scripts for 'real' broadcast slots and in the course of their two-year training, students will receive the opportunity to meet and be taught by a range of visiting professionals from the industry. In this way students will build up a written portfolio of original script material, as well as a range of industry contacts, providing them with a unique education and networking background.
Key members of the permanent staff include Julian Friedmann, Joint MD of Blake Friedmann LIterary Agency (author of HOW TO MAKE MONEY SCRIPTWRITING) and Christopher Walker, who produced six series of the successful sitcom THE UPPER HAND and is currently in charge of scriptwriting at DMU.
Application packs and further details can be obtained from The Graduate Office: Liz Woods (lwoods@dmu.ac.uk) or if you have any questions email Julian at julian@blakefriedmann.co.uk
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From: Tim
Subject: MA Degree?
Why would anyone seriously contemplating a career in screenwriting want to take a Masters Degree in the subject? I attended UCLA (University of California in Los Angeles) which not only has one of the world's most renowned film schools, but offers a writer's program through it's Extension that has produced some of the most successful screenwriters in film today.
Courses range from beginners to advanced, and consist of about twelve lectures, some are genre specific. The more advanced courses concentrate on the art of rewriting. In less than six months you glean more information than you ever wanted to know on the subject of how to write and develop a viable script... and all taught by working industry professionals (many UCLA graduates) who can usually take you to the local multiplex and point to their credited labour of love.
My point therefore is, who would waste years in the pursuit of a degree, an MA no less, when they could be at home writing? You can teach structure, but you can't teach talent.
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