Legal Question in Entertainment Law in California

Rights of a deceased public figure????

I am developing a film (biopic) on a public figure who died in early 2000. By law, her husband inherited all rights to her name, image and likeness. He is against this project and has threatened to sue. I have read that since she was a public figure, i can go ahead and make the film, even without his consent - so long as I do not portray him in a negative way. Any thoughts on this???? Lawyers are asking for a retainer before they give any advice. I will have to raise some development funds for that, but i was wondering how I should proceed with the project.


Asked on 12/03/07, 3:10 pm

1 Answer from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Rights of a deceased public figure????

Consult a lawyer with all of the details. Your interpretation is flawed. If this public figure was a celebrity, there may be claims involving "Right of Publicity". (misappropriation of a celebrity's name, likeness, personna, etc.).

Your portrayal of those around the subject is also subject to this interpretation, as well as the question of defamation. What you consider to be "negative", and what the widower consider defamatory may be different.

Extreme caution is advised.

Read more
Answered on 12/04/07, 8:55 pm


Related Questions & Answers

More Entertainment & Sport Law questions and answers in California