Legal Question in Entertainment Law in Colorado

Re: Injunction on a Filmed Interview

Without more detailed information, which you should not post on a BBS, it is impossible to predict the outcome at a hearing. I strongly recommend you consult with a competent entertainment litigator before proceeding.

Most likely the outcome would turn on whether you have the subject's permission, and whether he gave his permission with full knowledge. It may also depend upon where suit is brought--in Los Angeles, for instance, judges are very reluctant to enjoin release of films. (And injunctions are decided by a judge, not a jury.)

This posting does not constitute legal advice and no attorney-client relationship is created. This response is for general information purposes only and may or may not apply in your situation.

Re: Injunction on a Filmed Interview

Did you get some kind of Release or written consent from the subject? Did he sign any contract?

Re: Injunction on a Filmed Interview

Whether mental illness makes the subject "unaccountable for his opinions" is not the issue. The issue is whether you can use his interview without his permission.

Assuming you have entered into an agreement with the subject, whereby he granted you permission to use his name, voice and likeness in your film, it appears the subject is claiming that that agreement is void because he lacked the mental capacity to enter into a binding contract.

I am not an expert on mental illness, however it sounds as if the subject does in fact have some credible evidence to support the notion that he was not in his right mind when he entered into the agreement to appear in your film, and mental incapacity is legal justification to void an agreement. This issue could definitely go against you. There may be some defenses, however with the limited facts presented, it is impossible to properly present all the possible causes of action and plausible defenses.

If the subject voids the agreement, then the compensation paid to him for his interview would have to be returned to you.

Ultimately, you need to hire an attorney who specializes in entertainment law, because it sounds like you are definitely going to get sued if you go ahead with your production.