Writing about a real person

[Monaco]

I want to write a script about a real person who died about 100 years ago. This person had kids but no grandchildren, so there are no direct descendants. Do I still need to obtain rights, and if yes, then from whom? What are the general rules about writing about a real person? Can I also make some things up about this person?

THANKS!

[NatJM]

Is the person you are writing about famous? If yes, find out if there is an organisation looking after their legacy etc

I'm guessing that their work would now be public domain anyway so by extension, I would say you should be able to write about them without obtaining rights.

However, to make sure you don't upset anybody or land yourself a lawsuit for defamation, I would still try to get approval from family if I were you. Did that person have nephews/nieces who had children etc?

[Monaco]

Thanks, NatJM. This person didn't have any works and the story would be simply based on her life. If the story isn't going to defame her, do I still need a permission?

[nmstevens]

Thanks, NatJM. This person didn't have any works and the story would be simply based on her life. If the story isn't going to defame her, do I still need a permission?


The legal maxim is that one cannot defame the dead. I can write a movie about Edison and pretty much say anything I want about him without worrying about it.

A defamation lawsuit has to be brought by the person who has been defamed (or by a legal representative).

I think that the answer to your question lies in the question itself.

Who in the world would you go to to get permission?

If the person in question is dead, and has left no living descendants, it would seem to me that no one remains who has any valid interest (in a legal sense) in her "life rights."

I suppose -- and this is advice that I always give -- a newsgroup is never a place that one should go for legal advice. That's what lawyers are for and before you make the commitment to devote all of the time and effort to writing an entire screenplay, it might actually be worth the time to talk to a lawyer who knows something about intellectual property rights and get this issue clear.

Even if you have the right to do it, it will no doubt come up again when and if you sell it, since, if it is based on a real story, the contract itself will have to be phrased a little bit differently.

NMS

[kullervo]

True, you cannot defame the dead; those rights expire with the individual, as does the right to privacy. But there is a third right here, which is publicity, or the right to profit from a person's story or identity. This descends as a property right on the estate and heirs. 99% of the time there is no problem, and you can go ahead with your project. But there are times when the creator can be exposed. Most of the well-known cases, like the company that showed Fred Astaire dancing with a mop or vacuum a few years after he died or the t-shirt company that sold a shirt with the Three Stooges on it, were strictly for commercial profit and therefore unprotected. They lost the lawsuits involved.

In general, I'd say go ahead, but know there is a slight risk there.

[Monaco]

Thank you, guys. I guess, I better double check with the laws about this. Just in case...

[WriteKnight]

As Lorelei points out, there is 'the right to publicity' to consider. And those laws actually vary from state to state, with California, New York and Tennessee currently having the toughest statutes.

Why those three states?

Elvis and Marylin Monroe.


But again, these are famous personalitites with vast commercial enterprises at stake. Best thing to do is discuss it with an attorney.

[Monaco]

How much latitude would I have in fictionalizing the reports concerning this person?