Diane Krausz has posted a valuable item: Whose Life is it Anyway? Clearance of Life Story Rights in Film. The article is particularly interesting for her concise provision of this heuristic, which I think nicely articulates what many entertainment lawyers reflexively do when analyzing clearance issues for projects based on real people or events:
specifically, to classify the characters of a script into the "living" or "dead", "private" or "public” citizen, and the specific issues in a scene (“newsworthy”, “private matter” or “public matter”), as this can make all the difference when determining whether the depiction of a particular individual in a specific scene constitutes infringement on someone’s ”right to publicity” or is permissible because of “fair use.” Note that a right to privacy is a protected right of an individual to non-interference by others, while the right of publicity is an individual’s right to exploit and profit from the exploitation of the exact things he or she is entitled to protect under the right of privacy
Please see full article below for more information.
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