Life rights

Question

I've googled this group and haven't found an answer. So, here's my question:Can I write a biopic about well known, public figures without fear of being sued by their heirs?Thanks in advance.

Usenet · Accepted Answer

[nq:1]I've googled this group and haven't found an answer. So, here's my question: Can I write a biopic about well known, public figures without fear of being sued by their heirs? Thanks in advance.[/nq]
Depends on who the public figure and how well-known they are. The principle is that public figures surrender certain rights to privacy simply by virtue of being public figures but they can still be defamed. Libel and slander still apply and public figures can still sue for that and do, if they feel that what you have done crosses that line.
However, there is another issue that you need to be aware of. Public figures tend to be surrounded by people who are somewhat less than public their families their employees who are inevitably also incorporated into adaptations.
Just because a public figure happens to be public that doesn't necessarily extend to everybody in his circle unless those people are, themselves, explicitly public figures as well.

You violate their right to privacy and they can and may very well sue the pants off of you.
That is why it is not only better but when the time comes to sell your biopic, those you are selling to may pretty much demand that you have the life rights to anybody still living that is depicted in your movie short of bona-fide public figures.
That is President no problem. President's secretary problem.

Now, you may say, well, I'll just fictionalize all of those people.

And maybe you can do that but that has to be an affirmative process. You can't just trust to luck that the secretary that you're inventing isn't going to resemble the secretary that is really there. Just changing the name isn't going to do it. And if there is enough of a resemblance and maybe the secretary isn't presented in a very positive light (and who's to say what constitutes a positive light) hello lawsuit.
It's also important to realize just what "life rights" are for the real reason that we acquire life rights is not to acquire the right to dramatize the actual events of an individual's life. Really, we do not own the facts of our lives. Rather, what every life rights contract contains is a clause in which the person who signs gives the producer the right to change or adapt the events of their lives for dramatic purposes. That's what you need. If you've got that you're safe. Without it, you can have all sorts of problems.
So you need to proceed with care, whatever you decide to do.

And also, please understand that I'm not a lawyer and thus cannot give legal advice so take anything that I saw with a grain of salt.

NMS

Life rights

Top answer

Get the Weekly English Kit 📬