Legal Disclaimer Movies
Let`s say the movie has an evil drug dealer named Joe Thompson. If a guy named Joe Thompson in Wayzata, Minnesota, decides that the movie defamed him and tries to sue him, the studio can point to that denial and say, “Look, we said this character is not based on anyone.” In fact, I think the disclaimer is a clever lie. The whole plot is intentional. Sometimes we have also seen in movies that presidents of different countries (especially the United States) are wrongly followed. Now, it`s true that things (especially legal things) change from country to country, and they change a lot sometimes, but I think it`s safe to assume that your lawyer could use it to help your case in court. If the president in your movie is corrupt, don`t necessarily say that the real president is corrupt too. You just want to preserve your creative freedom by saying, “In my movie/story, the president is corrupt,” that`s all. A film shouldn`t be limited by real problems up to this point. Of course, there are limits, but these usually coincide with balance and common sense.
Some TV series use this disclaimer, such as Cold Case or Law & Order. Unfortunately, this isn`t what will always happen, and that`s why if you`re thinking about writing a book or making a movie, you should always make sure the characters are unique enough, not only as characters in themselves, but also different from real people who might feel vilified by your work. Warnings can sometimes be used to make political or similar points. One of these warnings is shown at the end of the military-political thriller The Constant Gardener, signed by the author of the original book, John le Carré: “No one in this story and no outfit or company, thank God, is based on any real person or outfit in the real world. But I can tell you one thing; As my journey through the pharmaceutical jungle progressed, I realized that my story was as tame as a Christmas postcard compared to reality. [4] The 1969 film Z, based on the military dictatorship that ruled Greece at the time, has this note: “Any resemblance to real events, to living or dead people, is not the result of chance. This is INTENT. [5] The novel Katharina Blum`s Lost Honour by German Nobel laureate Heinrich Böll was originally preceded by a statement that included the usual warning, but stated that the similarities with the journalistic practices of the newspaper Bild were “neither intentional nor accidental, but inevitable”; This disclaimer was later removed from the English edition. We`ve all seen a version of the same disclaimer at the end of a movie. It usually reads something like, “This is a work of fiction. Any resemblance to real, living or dead persons or real events is purely coincidental. Let`s analyze it a bit.
If you make a movie with this disclaimer and someone sues you, what will probably happen in court? He has appeared in countless films over the years, whether based on true stories or not. There were even parodies. Thunderbird`s Are Go is set in 2068 and distorts the standard warning by saying, “All characters are fictional because they don`t exist yet.” It is in your best interest to add a copyright disclaimer to every Facebook post that contains copyrighted material, stating that you have permission to use that content, that it is fair dealing, or that it does not prevent you from owning the original content. A judge in that case told MGM that the studio might have had a better chance if it had incorporated a disclaimer that says exactly the opposite: that the film was not intended to accurately depict real people or events. Copyright @ [name and year]. Any illegal reproduction of this content will result in immediate legal action. The jury deliberated for only one hour and found MGM guilty of defamation. In the end, he had to pay 25,000 pounds ($125,000), or nearly $2.4 million today. The Chief Justice said he could have avoided the defamation allegations if he had only included a warning that the film was fictional. The film was withdrawn from distribution for years. When it was reissued decades later, the offensive scenes between Rasputin and Natasha were cut. Even the most wacky movies now come with a disclaimer confirming they`re fictional – and there`s a legal reason for that.
The disclaimer is sometimes subject to limitations. In Jack Webb`s crime series Dragnet, each episode begins with an announcer singing, “The story you`re about to see is true. The names have been changed to protect the innocent. In one parody, the “Mathnet” segments of Square One Television (a loving Dragnet show) began each episode with “The story you`re about to see is a lie, but it`s short. The names are made up, but the problems are real. The 1969 alternative western Butch Cassidy and the Sundance Kid, based on real people whose lives and exploits already had a place among American Western legends, begins with the warning, “Most of the following is true. Due to the autobiographical nature of Dave Eggers` memoir A Heartbreaking Work of Staggering Genius, the book includes the following game with the usual warning: “Any resemblance to living or dead persons should be clearly obvious to them and those who know them, especially if the author was kind enough to give their real names and, in some cases, their phone numbers. All the events described here did indeed happen, although the author sometimes took some and very small liberties in the chronology, because that is his right as an American. All episodes of South Park, which often feature well-known public figures or parodies of them, begin with an ironic warning that begins with the words: “All the characters and events in this series – even those based on real people – are entirely fictional. All eminent voices are imitated – evil. Adult Swim`s stop-motion animated series Robot Chicken begins each episode with the warning: “Any real names or celebrity likenesses will be used in a fictional and parodic manner. Rasputin and the emperor set a precedent.
Now, decades later, many films still include a disclaimer to reduce the likelihood of the studio being sued. Virtually all films of modern memory end with a variation of the same warning: “This is a work of fiction. Any resemblance to real persons, living or dead, or real events is purely coincidental. The legal copy and paste driver has to be the most annoying thing in any movie it appears in. Who would have thought that its origins were so sensational? If you use copyrighted material owned by someone else, you do not fully rely on a disclaimer to protect yourself from claims of copyright infringement.