Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?
The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about privacy and publicity laws and who I might need permission from before starting to insure that I don't get sued.
A:
You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior written consent. Violating this provision leaves you open for a misdemeanor criminal charge and/or an injunction brought by the person you are portraying.
New York also recently passed a “right of publicity” statute prohibiting unauthorized use of a deceased performers likeness for commercial purposes. Civil Rights Law 50-f.
While it is questionable if either of these laws clearly apply to your situation, the best course is to acquire a written license from each person concerned so you don’t leave yourself open to a lawsuit.
Tim Akpinar agrees with this answer
A: Aside from intellectual property issues, there can be tort law issues. Diligent publishers will review certain manuscripts to ensure that a book does not open the door to allegations of libel, the act of defaming (causing damage to dignitary interests) a person in written form. Good luck
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