Legal Question in Intellectual Property in California

Are well known life stories of celebrities considered public domain?

I am currently writing a screenplay on the early life history of a well-known, now deceased celebrity. Over a dozen or so books have well documented this person's life, each basically telling the same story.

My screenplay is based on facts from each of these books which have also been discussed in documentaries, periodicals, etc.

Do I need to get permission from each of the authors of the books before I submit my screenplay to an interested production company even though only portions of each book was used as a research tool? I do not want to infringe on anyone's rights and want to protect my own. Do I need to get permission from the deceased's estate as well?


Asked on 2/20/03, 2:27 am

2 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: Are well known life stories of celebrities considered public domain?

This is an excellent question. Congratulations on asking it now, before you've spent a great deal of time and effort on creating a screenplay. Unfortunately, too many writers in your situation do all their work first and then find out they can't use some or all of it.

The answer to this question, however, is not so easy. Generally, facts are not copyrightable and can be used freely. Expressions of ideas or facts ARE protectible and you would need permission. For instance, an event that is widely reported and accepted as true is okay, but direct quotations of what someone said would probably be protected.

As for dealing with heirs: generally a person's right to publicity and privacy die with the person. In the case of some celebrities, however, the right of publicity continues after their death. In California, there is a system of registration to protect such rights of publicity (most other states do not have such a system). So, it depends on who the celebrity is, and you would be wise to discuss your plans in detail with a competent entertainment/intellectual property attorney.

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Answered on 2/21/03, 6:01 pm
Jeff Lambert Attorney at Law

Re: Are well known life stories of celebrities considered public domain?

If you are exclusively using "facts" from other books to create your own original screenplay, it is unlikely that you are infringing any copyright subsisting in those other books that provided a basis for your research. However, if you are reproducing any original expression from those books, you may need to get a copyright release and/or license from the authors to avoid infringement, depending on the nature and extent of any material you reproduce.

As for the celebrity's estate, you may need to seek permission, as they may be entitled to prevent your screenplay depiction under rights of publicity that inure to the benefit of famous people.

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Answered on 2/20/03, 3:52 pm


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