Legal Question in Entertainment Law in California
Media law: life rights
If I would like to make a movie about someone's life and articles, documentaries etc. have appeared on said person, must I buy their life rights or is it public information once 3 or more sources havve written on/used the details of this persons life? In short, what are the requirements in media law for access to someone's life story?
1 Answer from Attorneys
Re: Media law: life rights
Public information is public information and is not copyrightable. Facts, in general are not copyrightable, nor are ideas--only the expression of the ideas. The articles, etc., you speak of are copyrightable expressions of how one person described events and facts, and just because they're published doesn't mean you have free reign to use them.
What you really should be concerned about is not copyright, but right of publicity and right to privacy--two distinct, but sometimes interrelated, rights. A celebrity, in many states, has the exclusive right to profit from the persona that he/she has developed, and you need permission to use detail of his/her life. Also be aware that just because a person is a public figure does not mean they have no right to privacy.
The issues are more complicated than many people realize, and you would be wise to discuss your project in detail with someone knowledgeable about intellectual property rights. If you are in Los Angeles, please feel free to call me for a free consultation at (323)653-6580.