The Femmebots

Producing Film and Video

Prof. Randall Blair

Life Rights for Fiction Films

Life Rights – permission to base a film on someone’s life story

Examples –      Brilliant Mind

Hurricane

The Insider

Man on the Moon

Boys Don’t Cry

Possible basis for obtaining Life Rights

Public Domain – independent research and interviews

Published works – articles, books – becomes Underlying Property

Individuals involved in the story – sell/license their Life Rights

Problems

Libel – defamation of character in a permanent format

Invasion of the right to privacy

Violation of the right to publicity – use of name and likeness

Story from the newspaper is protected by the first amendment as the basis for a film but there are serious pitfalls.

Can not use any unique element from the article

Has to make sure that anything that is said about a real life person is true and has proof to back it up – at least 2 or 3 sources

The dead can’t be defamed, so their life stories are the safest.

Compensation is necessary and complicated.  Options can be used.  As always, you need a lawyer.

Boys Don’t Cry

The players:

Teena Brandon aka Brandon Teena

Murdered 1993

Lana Tisdel

Real life girlfriend of Brandon

Sues Fox Searchlight for unauthorized use of name and life

Aphrodite Jones

Crime novelist

Obtained life rights from Tisdel, Tisdel’s sister, Teena’s mother and sister

Wrote book – All She Wanted

Optioned book in 1996 to Blue Relief Productions

Sues Fox Searchlight for holding up Blue Relief project in favor of Boys don’t Cry acquisition

Settles with Fox Searchlight for undisclosed sum

Blue Life Productions

Owned in part by Diane Keaton

Optioned book All She Wanted

Attached Drew Barrymore

Set up deal at Fine Line Pictures

Project in turnaround and winds up at Fox Searchlight

Sues Fox Searchlight for holding up Blue Relief project in favor of Boys don’t Cry acquisition

Settles with Fox Searchlight for undisclosed sum

Fine Line Pictures

Put Blue Life Productions project into turnaround

Picks up documentary The Brandon Teena Story for a feature project

Neve Campbell attached

Fox Searchlight

Lindsay Law, president

1997 – Picked up Blue Life Productions project from Fine Line

1999 – acquires Boys don’t Cry for $5 million

Director Kimberly Pierce

Developed script at Sundance Institute – Boys Don’t Cry

Originally different names and location

Developed by Producer Christine Vachon

Changes back to real names and place

Film debuts at Sundance in 1999 and acquired by Fox Searchlight

Film released to great reviews – wins Oscar for lead actress

Susan Miska

Documentary filmmaker

Made the documentary, The Brandon Teena Story

Picked up by Fine Line for a feature project

Abandoned when Boys Don’t Cry is produced