Are Life Story Rights of Deceased People Considered Public Domain?
Purchasing the rights to a person’s life story is a consideration that many filmmakers will make if they wish to portray someone in a film or television show. In doing so, the filmmaker reduces his or her liability for potential lawsuits claiming defamation, right of publicity, invasion of privacy and other matters that can come with the creation of a commercial film or television show without life story rights. However, when the subject is deceased, additional questions come up. Specifically, are life story rights of deceased people considered public domain or are life story rights protections the same as they were when the individual was living?
Are Life Story Rights of Deceased Really Necessary?
Before we really nail down whether the life story rights of deceased people are considered public domain, let’s consider the purpose of purchasing life story rights and the rationale behind whether or not life story rights of deceased people are even necessary.
First, the reasons why a filmmaker would purchase life story rights before producing a film would be primarily related to the potential for a defamation lawsuit or an invasion of privacy lawsuit.
These are the most common to come up and could prove costly if the filmmaker doesn’t have rights to the story and a lawsuit is filed.
However, once an individual is deceased, there is no longer an issue of privacy or defamation and those rights are not passed onto those in charge of the individual’s estate the way some other intellectual property rights and things of that nature can be passed down.
In Theory
So, are life story rights of deceased really even necessary at this point? If a case cannot be brought up for defamation. And a case cannot be brought up for invasion of privacy.
What would the filmmaker or the writer that is interested in creating someone’s life story really have to worry about?
In theory, a filmmaker could produce a film that portrays the deceased as something they were, or were not, entirely. In theory that filmmaker could detail the deceased’s innermost secrets.
And could depict the individual in virtually any manner or capacity in which they felt the desire to. And the heirs of the estate would have no recourse. So are life story rights of deceased really necessary?
The Matter of a Right of Publicity
Once an individual has died, and the heirs have no rights to sue for defamation or invasion of privacy. There is one more matter of importance to consider before we get to whether the life story rights of deceased people are considered public domain or not.
And that’s the right of publicity! The right of publicity may, in some states, extend to or descend to the heirs of the deceased.
Property Rights
The right of publicity is a property right. Not a personal right. Which means it survives death of the individual. Therefore, in states in which a right of publicity is recognized.
Then that same right of publicity could potentially be recognized after the death of an individual, too. And the heirs of the deceased could bring a right of publicity lawsuit against a filmmaker.
Especially one that produces a life story without the previously agreed to license. Or other rights having been granted to the filmmaker to produce the story.
Are Life Story Rights of Deceased People Considered Public Domain?
To answer the key question, are life story rights of deceased people considered public domain, generally speaking, “no.” The life story rights do not automatically become public domain after the individual passes away.
In fact, public domain includes facts and events. Therefore, if you can tell someone’s life story, all factually, and you do not use any written source. Then you would not need a license or other rights. But you must prove that you were able to do so.
In the end, public domain is a phrase that specifically applies only to the legal copyright of a work. Thus, in answering the question, “Are life story rights of deceased people public domain?”
The only way that life story rights can be public domain is if the life story rights apply to individual copyrights which protect the life story of an individual
