Legal Question in Intellectual Property in New York

Privacy Protection - Real Names and Facts Used in a Playwrite

I'm from Protugal and I lived a love story in USA, that can be considered a ''drama''. After 3 years since all happened I discovered (2 days ago) that my love story became a playwrite - it was on satge during April 2006, in NY and Florida. The playwriter used my real name and family name, physical description and other private facts. All this happened without my consentment. How can I get a full script of the play (to know all the details in it), since I only got a sample? And, what rights do I have once my private life was invaded?


Asked on 1/17/07, 11:58 am

1 Answer from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: Privacy Protection - Real Names and Facts Used in a Playwrite

The script may be available through Samuel French, Inc. a company that publishes plays in book form, or some other publisher. The best bet would be to contact The Drama Book Shop at http://www.dramabookshop.com/NASApp/store/IndexJsp though if the play is new it is unlikely to be published as yet. If you can't obtain a copy that way, you can also contact the producer or playwright and simply request a copy, though if either suspects a potential law suit you may be waiting a long time. As part of that letter you should instruct the playwright and producer to "cease and desist" from any further exploitation or presentation of the play until the rights situation is clarified. You ask if your private life was invaded. It appears so. You may also have been defamed if, without truth, the play disparages you or presents you in a false light. In this connection, I find it strange that a writer could have made efforts to fictionalize the names, dialogue and incidents that are portrayed in the play but chose not to do so. You have the right to your own life story to the extent it is not in the public domain. While in the US a writer has significant rights of expression, this right is tempered, on occasion, by the civil rights of others as well as the obligation to avoid defaming someone. If you are not in the US, it may be more difficult to track this down. If you would like to discuss this at greater length please feel free to contact me.

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Answered on 1/17/07, 12:20 pm


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