Historical facts are the essence of fictionalized "true stories" as well as non-fiction historical accounts. But authors who dip into the bowl of history to prepare their own creative works must accept that facts are not protectible under copyright. This exclusion applies equally to the facts in a fictionalized or fictional narrative as well as to non-fiction history.
Actress-producer-writer Emma Thompson knows this principle well. She wrote the screenplay for a film named Effie about John Ruskin and John Everett Millais, "stars of the Victorian art world," and their relationships with Euphemia (Effie) Gray, the "intriguing woman" who was married to each of them. Thompson assigned the copyright to her screenplay to Effie Film, LLC, (EFL), which produced a film based on it featuring Dakota Fanning, Robbie Coltrane and herself. The film, which has not yet been released, gave rise to litigation even before it was fully financed.
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