AboutRoger S. H. Schulman Expertise I can answer questions on the creative aspects of writing for features and television comedy: brainstorming, character development, plotting, story structure, dialog, rewriting, editing, etc. I can also address the business side of show business: pitching, writing and presenting treatments, "taking" meetings, common pitfalls, etc. I'm also well versed in the relationship between screenwriting and computers: software for scriptwriting, brainstorming, presentation, outlining, an d general organization. I'm also a producer, and so can answer questions regarding the ins and outs of television production, specifically the half-hour arena. Visit my scriptwriting blog at http://scriptwriting.blogspot.com.
Experience I have been working in Hollywood as a screenwriter for both TV and features for many years. I'm an Executive Producer and "showrunner" who has run several prime-time and cable comedies. I've written several featurs and contributed to many more for several major studios.
Organizations Writers Guild of America, West
Publications Newsweek, BusinessWeek, GQ, Connoisseur, UPI, New York Daily News, please visit my blog at http://scriptwriting.blogspot.com
Education/Credentials I have a Masters of Science in Journalism from Columbia University.
Awards and Honors Academy Award Nomination, Best Adapted Screenplay
British Academy Award, Best Adapted Screenplay
NAACP "Image" Award, Best Television Comedy
"Annie" Award, Best Animated Film
Question I have an idea for a screenplay that is based on actual historical events (think BLOW or AMERICAN GANGSTER). The story took place in the late 1970s in the United States. I believe that the real-life characters are still living. Do I need to obtain the rights to the story and each individual before I begin the writing process? Or, do I finish the screenplay, pitch it, and leave the legal issues up to the person who options it?
I am very eager to begin work on what I feel is a very promising project, but I don't want to have a completed screenplay that can't get anywhere due to legal matters. Thank you for your time.
Answer First let me say that this is a legal question, and I am not a lawyer. My opinion is just that, an opinion. You should consult an entertainment attorney. That said, I'll give you my layman's take.
There's no way you could find every person involved in the story and get some kind of waiver. And if events put these persons in the public eye, I don't believe there's any need to.
I'm not sure if simply writing the story would expose you legally at all, and I'm sure it depends upon the story. However, if there is a book out there (or books) that neatly retell the relevant events that would be in your screenplay, by far the best option would be to get the rights to that book. Often these are available at little cost, if the book didn't sell well or has been in print for a long time. You can get an option on a book, which would give you exclusive rights to adapt it, for a set period of time (determined by negotiation). Then your legal worries are probably more or less over. You're simply adapting a book, to which you have full legal rights.
That's why studios do it this way. But again, even this may not be necessary.