Is There an (OMG) Real Person in Your Story or Play?
What to know before you start writing
“Don’t let anyone take the house,” my husband says. His face is calm, but his eyes are not.
“No one will take the house away from us,” I say, smiling, but little gremlins inside my stomach are doing leaps even Simone Biles would envy right now. Still, it’s a conversation I know we need to have.
Just a few months ago, I pitched an idea to a local theater that involves adapting the story of a well-known mover and shaker — and they seem very interested, which is great. I think it would be an exciting play, but the person I want to write about has living relatives and is more or less a contemporary figure.
Most writers have asked questions like this before, and the stock answer is that you are allowed to write about a deceased public figure, living relatives or no, though you want to be sure to get your facts straight.
Assuming this is true, let’s say there are living relatives. Will they want a say in what you write? Can they get it? What rights do writers have if the person they’re writing about is dead, but family members aren’t?
There’s another play I want to write based on historical figures that lived in the 1800s. That seems like a better bet, as relatives might be far removed from the person’s work, and even if they’re not, should there be writing or art I want to include in the play, it is in the public domain.
On the other hand, I found a biography about this particular figure that I like, and I am wondering (even though it’s nonfiction) if I need to get the biographer’s permission?
Sigh.
For many years, I’ve written original plays and musicals (and lately a historical fiction series and present-day memoir) that isn’t beholden to anyone else’s work and is definitely not an adaptation. Yet, adaptations are said to be better choices for our most successful musicals, plays, films, etc. because if they are popular, well-known stories, the audience is more likely to want to see them.
I understand. I do. I like seeing works about people or stories I know. Hamilton, Evita, Funny Girl and 1776 are just a few examples of extremely successful musicals about extremely famous people. Those people already have followers that want to see stories about the people who interest them.
But if you want to write about a famous person, especially if that person is a contemporary (or close to being one), then chances are you will need to ask family members or a publisher for the rights to tell his or her story. I say that because family members tend to have the rights to their loved one’s work, especially books or movies. And you don’t want to trample on someone else’s rights.
It’s also very likely that if you are trying to get rights of one sort or another, you’ll need a lawyer to help you, meaning said story won’t be cheap. And while some theaters or producers will pay for legal assistance, others won’t — or can’t.
Sometimes, though, you can get lucky. I wrote a play for a local theater about Coya Knutson, who was the first Midwestern woman representative in Congress. I was able to talk to the author of a biography who was not proprietary about the information she gave me.
I was also able to contact Coya’s son, who gave his blessing to our enterprise and shared information I would not otherwise have had. The play was successful, I thought, because the family and biographer were willing to be involved and did not want either me or the theater to come up with pots of money.
Having this experience got me to bite the bullet and contact the family members of the person I want to write about. I found a niece, and wrote to her, sharing the reasons I want to write about her aunt and also sharing my background. A few weeks later, when I figured she had no interest in replying, I received a response.
She is happy to know I’m interested and would love to share her thoughts with me. Thank God!
The niece very kindly introduced me to the subject’s wife, who owns the rights to her work. I made contact, and so far, everything is going well. I can now tell my husband it’s less likely we’ll lose the house. I can now get more excited about writing this play.
That doesn’t mean, though, I don’t have to be careful. For one thing, my agent recommends we put together an underlying rights agreement and ask the subject’s wife to sign it. We got a little help from The Dramatists’ Guild and my agent created the document. I’m going to pay 10% of my commission to the agent for her help, and if you’re in a situation like this, I’d recommend you do something similar.
Next, I am asking everyone who talks with me about the person at the center of my play to sign a release. So far, I’ve just shared these agreements — and still need signatures. Does that mean I can’t write anything yet? It does not.
It does mean, though, that the work should not be produced until those documents have been signed.
One other thing I did, being a home-loving type: I consulted a lawyer who gave me a free half-hour session. She told me that if I’m writing about a real person, there is still always a chance that someone will sue for one reason or another, given that it’s pretty easy to start a lawsuit if you’re so inclined.
It’s likely the person suing wouldn’t win if you’ve got the rights to a person’s work — but you’d still have to pay a lawyer and who has money for that?
The lawyer I talked to recommended something called errors and omissions insurance. Having that seems to mean that if you are sued, the insurance company will help you pay for a lawyer in your defense.
I don’t know if this is true or not — but do intend to find out.
Meanwhile, is adapting the story of someone famous really the best chance of your musical/play’s success?
I’m no expert on any of this, but I do believe it can be helpful to write about something/someone that’s well known. Of course, if you can write your own story, in your own style, without depending on a celebrity or another writer’s material, your road will be easier.
On the other hand, if you really want to write about a historical figure or famous person/event, and you have a compelling reason, then it’s worth your time to seek out the family members or biographers or publishers who have the rights you need. If that’s the case, I’d say don’t give up until you have no other choice.
What do you say? If you have experience with rights, underlying and otherwise — don’t be afraid to share!
