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Life story rights: What’s possible and what’s not
My client, a film producer, calls very excited and tells me she has established a close relationship with a well-known newsmaker.
She has made a deal with this person to acquire exclusive life story rights for a film, and she asks me to draft an “iron clad” agreement giving her life story rights, including the right to fictionalize events and the right to depict other parties — both public figures and non-public figures — that have played a part in this person’s life.
My client also wants to make sure that this agreement would prevent anyone else from doing a film or television production based on the subject’s life story.
Having been involved in many of these situations, this this time I give my client some bad news: the best she can hope for is to get a release from the subject that will enable her to produce a film, to use the subject’s name and likeness, and to use the eve