Legal Question in Entertainment Law in New York

Copyright Question

I am about to register with the copyright office a screen play treatment. Is it legal for me to mention the names of individuals who were actually involved in the events that were part of the story some 75 years ago? A few were public figures and one was not. My cecern is the non-public figure. Can any possible family hold me liable? To what degree must I legally avoid the use of actual names past and present. I appreciate all replies. Thank you!


Asked on 1/21/09, 5:07 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Copyright Question

You should not take any action before consulting an experienced Sports/Entertainment attorney. Protect yourself ,I would not advise over the internet w/o more info,specifics are needed.

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Answered on 1/21/09, 5:32 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Copyright Question

The answers really depend upon how much fiction you're introducing into the screenplay. You have a basic First Amendment right to depict actual persons and events. Problems arise when you create dialogue and events that didn't happen. While you can't defame the dead you might bump up against problems with the non-public figure if living. Registering the screenplay, however, involves none of the foregoing so you might as well protect the work as against future infringers. An experienced attorney should be consulted before you exploit the screenplay.

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Answered on 1/21/09, 6:26 pm


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