Using One's "Likeness"

CJInzana · Mar 7, 2012

I'm writing something that I project working on a few years from now, but before I get too far in I need to understand more about filming something based on real people.

If I am to use characters that follow a real person's story, but use a different name in place. Is it within legal use? Or would I have to get correct legal clearances from said person.

The problem here is that the character I'm worried about is an antagonist. He's going to displayed in mostly a negative (not completely) light, and I'm sure he's the kind of man that would sue me for doing so although it's all facts.

Zensteve · Mar 7, 2012

You know that bit at the end of most movies... "The characters in this movie are fictional. Any resemblance to any person, living or dead, is entirely concidental"?

Yeah, that. :cool:

Movies are based on (and inspired by) real people all the time. Just don't blurt out the obvious, like that one actor on Pirahna 3d when giving an interview. (Girls Gone Wild producer mentioned by name in an interview with actor)

rayw · Mar 7, 2012

Conduct a reasonable amount of internet research on the subject.
You'll see that although you're legally allowed to likely do what you've outlined here that you will still be exposed to simple charges of defamation of character.
It doesn't even matter if you're right or wrong or even if you win or lose - the moment that letter arrives in your mailbox you know that the court system has already been included to at least hear the plaintiff's argument, which means he's contacted an attorney that thinks the case "could" go in his new client's favor, or at least the court won't toss it out on frivolous grounds.
The dollars start racking up instantly.

And then again, if he really is a bastard he can simply skip the legal system entirely, drive by your house and shoot your dumb@ss. Or your kids. Or your car.

Five bucks says, unless this is a pretty d@mn cool story it's not worth the hassle.

Change names, relationships, locations, dates, ancillary occupations and you'll probably be okay.
Ask your friends not to show this to Bob the d!ckhead.
Hopefully Bob won't travel the festival circuit or find Hulu has a VOD titled "Bob the D!ckhead is a Bad Man" pay for it, watch it, deduce that really it's you defaming him, drive by, and pop a cap in your @ss.
Hopefully.

GL & GB!

2001 Productions · Mar 7, 2012

There's a fairly well-known example of this - maybe you've heard of it - called Citizen Kane.

Although the title character was 100% fictional, it was pretty common knowledge that he was largely based on newspaper magnate William Randolph Hearst, and the movie didn't exactly portray the character in the rosiest (pun intended) of terms.

While Hearst was unable to stop production through legal action, he did use his substantial influence to hurt its box office returns.

So there's that. Pick your battles carefully.

cjnixon · Mar 7, 2012

2001 Productions said:
There's a fairly well-known example of this - maybe you've heard of it - called Citizen Kane.

Although the title character was 100% fictional, it was pretty common knowledge that he was largely based on newspaper magnate William Randolph Hearst, and the movie didn't exactly portray the character in the rosiest (pun intended) of terms.

While Hearst was unable to stop production through legal action, he did use his substantial influence to hurt its box office returns.

So there's that. Pick your battles carefully.

Hearst probably used influence to hurt it's Oscar rackup.

GuerrillaAngel · Mar 7, 2012

But in the end, Orson won even though he was reduced to selling wine for $$$ near the end of his life . . . to this day we remember the film Citizen Kane. How many of us are going to have films people still talk about 75 years from now?

ps: Citizen Kane was his first film.

2001 Productions · Mar 8, 2012

GuerrillaAngel said:
But in the end, Orson won even though he was reduced to selling wine for $$$ near the end of his life

It's easy for us to say that in hindsight, but I wonder what Welles himself would say about it... :hmm:

CJInzana · Mar 10, 2012

2001 Productions said:
There's a fairly well-known example of this - maybe you've heard of it - called Citizen Kane.

Although the title character was 100% fictional, it was pretty common knowledge that he was largely based on newspaper magnate William Randolph Hearst, and the movie didn't exactly portray the character in the rosiest (pun intended) of terms.

While Hearst was unable to stop production through legal action, he did use his substantial influence to hurt its box office returns.

So there's that. Pick your battles carefully.

Very true, people seem more likely to sue for these sorts of things these days. Maybe it's just because it happens far more often.

The screenplay is something I'm projecting to make far in the future, I'm going to just write it as is, obviously not using his name. To be honest, he'll probably be dead by the time the film is ever made.