Writing the “True” Story

For the last couple of weeks, we’ve been looking at what is involved in making the decision to write a ‘true’ story. And why is true in quotation marks? Well, there are varying degrees of true stories when it comes to film, so let’s be really clear on them before you tackle that true story you’ve been dying to tell.

First is the story from your own life. You know what happened, you were there, you know it’s true. Only problem in telling your own true story is whether or not other real people in your story wish to be portrayed on film. Unless they’re public figures, they have a certain amount of right to their privacy… so this can be dicey. Check with an intellectual property attorney.

Second is the story from history or public records. If it’s a story from history, well, there’s lots of research you can do on the Vietnam war to tell your historical film, for example—just be sure you only use the history and don’t use the exact real life experiences of someone who is still alive unless you get their written permission. If you read a bunch of soldiers’ accounts of their time in Vietnam, you can use that to create your own characters who fight in those battles—that’s research. You just can’t lift unique stories from one individual. Now if your story is from public records—say, a murder trial—then everything said at that trial is in the public domain and you can dramatize it in your script. But, again, I’d check with an intellectual property attorney.

Third is the story that’s inspired by a true story. You’ll often see this on films— inspired by true events or based on real events. So if you want to, after tons of research, write about the Queen of England or Johnny Depp, you can. As public figures, they have forfeited their right to privacy, so they tend to be fair game. Now, a public figure could still sue you if you claimed, say, they were a slave trader and they weren’t. But dramatize their life? That you can do—though do check with that attorney.

One interesting aside that applies to the telling of all true stories—you can say anything about someone who is dead and you can’t be sued for defamation of character, because—by law—you can’t defame the dead. Not in the U.S., anyway. Other countries may have different laws, so it’s always good to check with that intellectual property attorney. [I know for a fact that in France you CAN defame the ‘family name’ even though the person you’re writing about is long dead. I did a script for Columbia on the French Impressionist Berthe Morisot and the studio went to the family to have them read it to make sure the family didn’t see anything that would be a point on which they would sue!]

I think it’s good to start with a clear idea of what sort of legalities you’re bound by—after all, you don’t want to spend a year writing a script that you then have no chance of selling! So once you’re confident with that, it’s on to telling that true story.

As the wonderful writer Helene Hanff once said, “I don’t like to read stories about things that never happened to people who never lived.” Movies are FULL of true stories, and I think there’s a real emotional pull for the audience when they know this really happened.

Next week we’ll begin looking at movies that tell true stories—let’s learn from the best so that you can use that knowledge in writing your film.

Copyright © Diane Lake

29May22

Email Diane a question to Diane@DianeLake.com