The brewing controversy over the release of Asif Kapadia’s new Amy Winehouse film brings the question of documentary ‘truth’ and accuracy into focus. Winehouse’s father Mitch is threatening legal action because of the way he feel that he and the dead singer’s family have been represented. ‘Characterisation’ is an interesting idea in the context of documentary, where narrative is created by the assemblage of material, and the characters are played by themselves, so to speak, in clips from the archives. A sense of character is achieved by what material is chosen and how it is edited and presented. Kapadia’s excellent earlier documentary on Ayrton Senna had, for example, hinted at the driver’s playboy lifestyle without emphasising it, perhaps showing some sensitivity towards his and his family’s devout Catholicism. Amy is a franker treatment of its subject matter, advancing the nature of her parents’ break-up as a defining point in Winehouse’s troubled life. How much freedom should a documentary filmmaker have in his or her depiction of people’s lives? A lawsuit is threatened in this case, and legal action tends to be an occupational hazard of the documentarian. The Law School of the University of Pennsylvania has an on-going blog devoted to the relationship between documentary filmmaking and the law.
Of course, fiction films also depict real people, often those still alive or those whose death and legacy are contentious. Mark Zuckerberg found David Fincher’s The Social Network to be a ‘hurtful’ misrepresentation, although no legal threat materialised. Facebook co-founder Eduardo Saverin recognised that ‘the movie was clearly intended to be entertainment and not a fact-based documentary’, although he may be more likely to be understanding of the film’s liberties given the sympathetic treatment he receives in the film. Dramatised ‘fictions’, with their disclaimer notices and the ‘artistic license’ they plead for, are usually seen to be fundamentally different to the documentary. But celluloid portraits of flesh-and-blood characters will always provoke arguments over their fidelity to the truth, whatever that may be.