Real Life Story Rights Q&A

Posted on July 15, 2008 in Legal & Copyright | No Comments

Entertainment Attorney Mark Litwak helps writers navigate the tricky legal issues involved when portraying real life stories with this educational FAQ.

…Question: What are the legal issues pertaining to writing a screenplay based on someone’s life story? What rights need to be secured, etc.? Is it advisable to engage an attorney prior to any discussion about securing rights?

Answer: This is a difficult question to answer because the rights you need to obtain depend upon how much of the life story is in the public domain, and whether the subject of the life story is alive or dead. Moreover, if you fictionalize a story you may be able to avoid buying life story rights. Generally speaking, if you make a movie about someone, you are protected on the First Amendment and do not need a release. However, if you invade their privacy, hurt their reputation, want access to any confidential information that is not publicly available, or infringe upon their right of publicity, you could potentially be sued. Life story rights encompass a release for these causes of action. My book, Dealmaking in the Film and Television Industry, speaks at length about the issues involved in obtaining life story rights and when you need to purchase such rights.

— Mark Litwak | Read The Full Article