Legal Question in Entertainment Law in North Carolina

Diary of deceased person

Two sisters threw only brother out of the estate home of their mother & had a person throw out contents of the home. I retrieved a diary from the deceased mother. I am using the diary to make a documentary film about the town during that war time. Also, doing a movie about the father with brother's input. Do the sisters have rights to claim on behalf of the estate?


Asked on 7/03/08, 5:50 am

1 Answer from Attorneys

Robert Preskill Robert Preskill

Re: Diary of deceased person

Interesting set of facts. Are you saying that after the estate was distributed, the sisters threw the diary in the garbage and that this is where you found it? I'd have to know who controlled the estate, and who then controlled the literary rights, and whether throwing away a diary constitutes an abandonment of literary rights. In other words, this is not a clear case and would require research and a clear argument/defense. It's also not clear that your use of the work as research constitutes literary rights. If its a way to gather research and history for something else you are filming, it may simply be a primary source in the context of the final film. I would need to hear much more about this.

Read more
Answered on 7/05/08, 3:24 pm


Related Questions & Answers

More Entertainment & Sport Law questions and answers in North Carolina