Q: Can I portray a famous individual in a fan-made short film without permission?

A: Most likely yes if you do not use their name or attempt to profit from their likeness.

A: Creating a fan film portraying a famous person raises several legal considerations, even when you're not using their actual name or monetizing the content. The main concerns involve personality rights (right of publicity), which protect individuals from unauthorized commercial use of their identity, and whether your portrayal might be considered defamatory if it presents false information that harms their reputation.

Your approach has some positive elements—not using their name directly, attempting to seek permission, and keeping it non-commercial. However, if the person is still recognizable in your portrayal, you may still face legal risks. Courts often consider factors like how recognizable the portrayal is, whether viewers would reasonably believe the portrayed events actually occurred, and whether the content might damage the person's reputation.

You might reduce your risks by including a clear disclaimer stating the work is fictional, ensuring your portrayal isn't negative or defamatory, and perhaps making the character more fictionalized with less direct connection to the real person. Different jurisdictions have varying laws around personality rights, with some places offering stronger protections for creative expression than others. I recommend consulting an entertainment lawyer familiar with your local laws before proceeding, as they can provide guidance specific to your situation.