advertisements entertainment-law
For movies and tv series why is it okay to make a false advertisement by saying &quot;This is a true story&quot; when it is actually not?
<p>In every opening scene of Fargo Season 3, it says that:</p>

<blockquote>
  <p>This is a true story. At the request of the survivors, the names have been changed. Out of respect for the dead, the rest has been told exactly as it occurred." </p>
</blockquote>

<p>However, as mentioned in several <a href="https://www.bustle.com/p/fargo-season-3-isnt-a-true-story-no-matter-what-that-disclaimer-says-52123" rel="nofollow noreferrer">websites</a>, the story is fictional. Is this not a false advertisement, which is supposed to be illegal? Many people might not be very attracted to the series if it was not advertised as <code>based on true stories</code> and would not have paid to watch it. </p>

<p>So, is this totally fine? Are there no consequences? And, why is this not considered a false advertisement? Does the following example make sense?</p>

<blockquote>
  <p>This sausage is made from beef (that is why you buy it) while it is actually pork.</p>
</blockquote>

<p>sounds the same as saying:</p>

<blockquote>
  <p>"the story in this movie is true" (that is why you buy it) while it is not?</p>
</blockquote>

<p>Great question!  It's actually <em>every</em> episode of all three seasons of Fargo, as I recall.</p>

<ul>
<li>Fargo is not an advertisement.  It is fictional content.  You can say whatever your want in creative work, particularly in the US, so long as you're not violating copyright law.</li>
</ul>

<p><em>(False advertising is kind of wiggly, in that I often see or hear advertisements all the time for supplements that claim to have some benefit or effect, with the disclaimer to the effect of "this claims have not been evaluated by the FDA" or some such.  In other words, you can potentially lie in an advertisement so long as you admit the claims have no scientific basis;)</em></p>

<hr>

<p>Regarding @Nate Eldredge's excellent point about Million Little Pieces, in that case they were claiming a fictional story was true as a sales technique in reference to a biography.</p>

<p>In the case of Fargo, it is clearly not meant to be taken literally.  (Satire and other forms of "lies" are protected by free speech in the US.)</p>

<p>The original Fargo movie, from which this tradition re: Fargo the series derives, may even have had a disclaimer in the end credits "This is a work of fiction...", etc.  This does make me want to review the end credits for the show as well.  Creativity is one thing, but the studios are mega-conglomerates and therefore obsessed with potential liability.</p>
