Using information posted on Facebook

[sm70911]

I want to use information posted on Facebook as the basis for a TV script. Its someone I'm friends with. I also want to use the persons First name and details about their life. I have known this person for a long time and its potentially a great story, however because its about the persons train wreck of a life and the battle with personal & professional problems they will not like it.

Its far too early to offer the person a EP credit but i wonder how do I stand legally ? Does information shared on Facebook constitute public domain ?

 

[Zigner]

Maybe you ought to talk to your "friend"

 

[Silverplum]

I want to use information posted on Facebook as the basis for a TV script. Its someone I'm friends with. I also want to use the persons First name and details about their life. I have known this person for a long time and its potentially a great story, however because its about the persons train wreck of a life and the battle with personal & professional problems they will not like it.

Its far too early to offer the person a EP credit but i wonder how do I stand legally ? Does information shared on Facebook constitute public domain ?

Expect to be sued.

 

[cbg]

If you do this without their express permission (in writing) you won't be friends long. And yes, you can and will be sued.

That's assuming the lawyers for whoever you plan to sell this to will permit the sale without the person's express permission in writing.

 

[quincy]

I want to use information posted on Facebook as the basis for a TV script. Its someone I'm friends with. I also want to use the persons First name and details about their life. I have known this person for a long time and its potentially a great story, however because its about the persons train wreck of a life and the battle with personal & professional problems they will not like it.

Its far too early to offer the person a EP credit but i wonder how do I stand legally ? Does information shared on Facebook constitute public domain ?

Where in the U.S. are you located, sm70911, or, if not in the U.S., what country do you live in? Laws vary from state to state and laws vary in significant ways between countries.

You can use what you find publicly posted on the internet as the basis for a TV script. You can take the ideas you find and use them in your own creative way. However, you cannot base your script on someone else's life if the person upon whom you base your script is identified or identifiable, without risk of a lawsuit, unless you have that person's express permission (in writing) to do so.

The lawsuit could potentially be for invasion of privacy/misappropriation of a name or likeness, or the lawsuit could be for invasion of privacy/publication of private facts (if you are "friends" on Facebook but the friend has limited access to his/her page), or the lawsuit could be for invasion of privacy/false light (depending on how you present the story), or the lawsuit could be for defamation (depending on the contents of the script), or the lawsuit could be for all of the above and more.

Most publishers (and this includes broadcast publishers) will not accept unsolicited scripts, for one thing, and publishers almost always require liability releases from anyone who is identified or identifiable as a "character" in a story. If one person can recognize the real person behind your character, you open yourself up to a costly lawsuit.

Just because something is published online, it is not (necessarily) in the "public domain" (and it generally isn't). Most of what you see online is rights-protected material. Public domain has a specific meaning under the law (e.g., material first published before 1923).

I recommend you ask your friend for permission, have your friend sign a release, and, perhaps, offer this friend compensation for the use of his/her story. And, even with the release signed, you should have your script reviewed by a publishing law professional, to make sure you have not crossed any other legal lines with your writing.

 

[sm70911]

Thanks so much for the feedback. Im in NYC so obviously I need to talk to a EA in the city.

My writing partner and i are both at the sharp end of production and have worked in the business for a long time. Im aware of releases etc however the person in question is not going to let this play out as is. Its too raw and that's what makes it so good. We are planning this to be a US / UK joint production venture because the story spans both countries.

We have discussed the option of offering a EP or P credit, however that would not be preferred route, because we do not want to have to sanitize the story.
Thanks again

 

[quincy]

Thanks so much for the feedback. Im in NYC so obviously I need to talk to a EA in the city.

My writing partner and i are both at the sharp end of production and have worked in the business for a long time. Im aware of releases etc however the person in question is not going to let this play out as is. Its too raw and that's what makes it so good. We are planning this to be a US / UK joint production venture because the story spans both countries.

We have discussed the option of offering a EP or P credit, however that would not be preferred route, because we do not want to have to sanitize the story.
Thanks again

If the person does not want his/her story told, and there is nothing "newsworthy" about this person's story and/or the person is not a "famous" person whose public life may limit privacy rights (although publicity rights may then come into play), you should prepare to be sued. "Crediting" the person whose story you are telling actually increases your risks of a suit instead of reducing the risks.

I not only strongly recommend that you have a publishing law professional review your work and advise you further and in more detail on all of the legal risks you face with your publication, I also recommend that you have insurance enough to cover the lawsuit that is, or the lawsuits that are, likely to follow your publication.

And, once again, you may find that no one will accept your script without a signed release from the subject of your story (and releases from those who may be minor, but identified or identifiable, characters in the story) that is as broad as the rights you will be infringing upon.

When you are writing about a real person, you must handle that person's reputation and rights with extreme care.

If you and your partner have "worked in the business a long time," you should be aware of most of this already.

As an additional note, if you are considering release in the U.K., there are privacy laws that are stricter than those in the U.S. and these laws will limit even more what you can and cannot publish safely.

 

[quincy]

I question the "friendship" sm70911 thinks he has with the proposed subject of the story.

I predict that, if sm70911 chooses to continue on his current course, this so-called friendship will come to an end soon.

 

[sm70911]

I asked for legal advice not your opinion, and yes we were friends so much so my wife got the person a job earning in excess of $100k per year at her company which the person chose to leave because and I'm direct quoting "it was the same salary they earned when the first started working". That's aside from the underperformance, not showing up, constantly being late, leaving to smoke, not knowing how to do basic tasks in the profession etc.
That was 18 months ago. What they were earning was enough to make some life changes and to be able to provide. If they had put the effort in they could have turned things around. However now this person is couch surfing because they have sublet their rented apt, and selling baubles in order to try and pay for their child's schooling. Previously the person earned in excess of quarter of a million a year and did absolutely nothing to save money for the inevitable. Al of this however does not stop the person from drinking high end Alcohol at a city watering hole most evenings and smoking $14 packs of Cigarettes. Does that sound responsible ? They write begging texts to people who they know are working, is that the right example to your teenage child ?

All film and TV story's have some basis in fact, we get ideas and thoughts from our experience and accumulated knowledge. You have no idea of the age and circumstance of this person so you have to take my word for it that this person is out of chances. However you might choose to take the moral high ground, and suggest I'm despicable, or parasitic the reality is that the slim hope we have of getting this to Pilot stage, and the slimmer hope that audiences identify with the story & situation is the absolute best thing that could happen to this person. Because it would be our work that would give them a EP or P credit and enable the person to provide for their child.

Its this or winning the lotto, both have about equal odds ... It's that simple, sorry if it doesn't jive with your rosy view of humanity. As for friendship or respect those are earned and this person is out of that credit. Yes I do have pity for them, but nothing in life is free.

 

[Zigner]

I asked for legal advice not your opinion, and yes we were friends so much so my wife got the person a job earning in excess of $100k per year at her company which the person chose to leave because and I'm direct quoting "it was the same salary they earned when the first started working". That's aside from the underperformance, not showing up, constantly being late, leaving to smoke, not knowing how to do basic tasks in the profession etc.
That was 18 months ago. What they were earning was enough to make some life changes and to be able to provide. If they had put the effort in they could have turned things around. However now this person is couch surfing because they have sublet their rented apt, and selling baubles in order to try and pay for their child's schooling. Previously the person earned in excess of quarter of a million a year and did absolutely nothing to save money for the inevitable. Al of this however does not stop the person from drinking high end Alcohol at a city watering hole most evenings and smoking $14 packs of Cigarettes. Does that sound responsible ? They write begging texts to people who they know are working, is that the right example to your teenage child ?

All film and TV story's have some basis in fact, we get ideas and thoughts from our experience and accumulated knowledge. You have no idea of the age and circumstance of this person so you have to take my word for it that this person is out of chances. However you might choose to take the moral high ground, and suggest I'm despicable, or parasitic the reality is that the slim hope we have of getting this to Pilot stage, and the slimmer hope that audiences identify with the story & situation is the absolute best thing that could happen to this person. Because it would be our work that would give them a EP or P credit and enable the person to provide for their child.

Its this or winning the lotto, both have about equal odds ... It's that simple, sorry if it doesn't jive with your rosy view of humanity. As for friendship or respect those are earned and this person is out of that credit, but I do have pity for them, but nothing in life is free.

You are a bitter, sorry excuse for a friend.

 

[sm70911]

That's where you are wrong. I'm not this persons 'friend' anymore. They have had all the chances with me.

I'm not looking for your affirmation of my character. I came here to ask a legal question and have the answer, thanks to those who posted constructively.

 

[Zigner]

That's where you are wrong. I'm not this persons 'friend' anymore. They have had all the chances with me.

Its someone I'm friends with.

...a liar to boot!

 

[Zigner]

Your character shines brightly. Good day.

 

[quincy]

I asked for legal advice not your opinion, and yes we were friends so much so my wife got the person a job earning in excess of $100k per year at her company which the person chose to leave because and I'm direct quoting "it was the same salary they earned when the first started working". That's aside from the underperformance, not showing up, constantly being late, leaving to smoke, not knowing how to do basic tasks in the profession etc.
That was 18 months ago. What they were earning was enough to make some life changes and to be able to provide. If they had put the effort in they could have turned things around. However now this person is couch surfing because they have sublet their rented apt, and selling baubles in order to try and pay for their child's schooling. Previously the person earned in excess of quarter of a million a year and did absolutely nothing to save money for the inevitable. Al of this however does not stop the person from drinking high end Alcohol at a city watering hole most evenings and smoking $14 packs of Cigarettes. Does that sound responsible ? They write begging texts to people who they know are working, is that the right example to your teenage child ?

All film and TV story's have some basis in fact, we get ideas and thoughts from our experience and accumulated knowledge. You have no idea of the age and circumstance of this person so you have to take my word for it that this person is out of chances. However you might choose to take the moral high ground, and suggest I'm despicable, or parasitic the reality is that the slim hope we have of getting this to Pilot stage, and the slimmer hope that audiences identify with the story & situation is the absolute best thing that could happen to this person. Because it would be our work that would give them a EP or P credit and enable the person to provide for their child.

Its this or winning the lotto, both have about equal odds ... It's that simple, sorry if it doesn't jive with your rosy view of humanity. As for friendship or respect those are earned and this person is out of that credit, but I do have pity for them, but nothing in life is free.

Your definition of friend is certainly an odd one. From Webster's New World Dictionary, a friend is defined as: 1. a person whom one knows well and is fond of.

Your post above indicates that you are more than willing to publicly denigrate (and even defame) your "friend" to cash in on his/her life's troubles. I see no "fondness" there.

A correction to your idea that all films and TV stories have some basis in fact: All film and TV stories are created from ideas. Some of the best authors, however, have grown stories from seeds that have germinated solely in their minds and not from external facts or experience.

You have received legal advice. Now it is time for you to decide what you want to do. Whether that is to get written permission from the individual whose life you want to use as the basis for your script (as recommended), or whether that is to see a publishing law professional in your area (as recommended) or whether it is to plunge ahead with your script without a care to the legal risks you face (not recommended), it is ultimately your choice.

 

[cbg]

Balderdash. You're not looking to help them provide for their family; you're looking to make money off someone else's pain whether they like it or not. And that's despicable.