Legal Question in Entertainment Law in California
Need Rights to lifestory of a public figure?
I am writing a screenplay based on the true early history of a now very famous band, but I am focusing on the lifestory of their manager. This person is now dead, and has been deceased for about 10 years. Do I need to obtain rights to this person's lifestory to write the screenplay (it is not for a documentary film, although the screenplay will not be fictionalized)? Also, do I need to obtain permission from other real-life people who have major roles in the story (i.e. the band members, all of whom are alive)? Perhaps it is important to note that, while this history isn't very well-known, I'm not breaking news, either. The story has been related in various interviews and biographies over the years.
If I do need rights, how should I go about obtaining them?
Any advice is much appreciated!!! Thank you!
1 Answer from Attorneys
Re: Need Rights to lifestory of a public figure?
This question is not as easy to answer as you might think. It really depends upon who the person is, how famous, who the other people are and how cooperative they are, where the deceased person lived (or died), etc. Right of publicity and right of privacy laws vary with each state and certain celebrities are know to be aggressive in protecting use of their names, while others don't seem to mind.
In any case, I don't think this is a question that can be answered on a public bulletin board, and you would be better to consult with an entertainment attorney experienced in rights issues.
If you would like to speak with me, feel free to call me in Los Angeles at (323)653-6580.
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