The Artful Jurist

You may have heard there's a new movie, titled Anonymous, that's out and that depicts a scenario in which William Shakespeare is portrayed as being a mere front for a British nobleman who is supposed to be the true author of those classic works of the Bard.  It's actually not a new concept.  For years, there have been such theories kicking around.

But what if I, too, wanted to write a story with the same premise?  Would I be violating the copyright of the producer's of Anonymous?

Well, obviously, if I simply retold the story just as the film does, then, yes, that would likely be a blatant copyright infringement.  But suppose I simply used the premise and created my own story based on it?  Is that copyright infringement?  The answer -- which is surprising to many -- is no.

You see, no one can copyright history.  It's exempt from copyright protection.  And, although the theory of Shakespeare fronting for another writer is just, at most, a theory, it's a theory based on what is proposed to be a possible historical fact.  So, on the chance that it just might be historical fact, it can't be copyrighted.

There may be other laws to protect one from unfair competition based on someone trying to freeload a ride on a film's coattails.  But that's a whole different element of law.