Do You Need Permission to Portray a Famous Person in a Film?

Famous people, such as celebrities, spend a lot of time and focus on their image which represents a brand all their own. As a filmmaker though, you’re going to draw inspiration from those around you. And from the stories that you relate with. These interactions and stories will play a key role in your filmmaking and creativity. But do you need permission to portray a famous person in a film?

Liability of a Filmmaker

As a filmmaker, you’re going to create fictional characters drawn from the individual circumstances and life choices that you’ve made.

It’s natural to draw interest from other individuals in your life. Or even from famous people that you relate with or that you believe your character could portray.

However, as a filmmaker, you must know this. Say your fictional characters closely resemble a famous person. Or if they draw upon the life experiences of someone else.

So closely that the average person would be able to discern whom the character is portraying. You could face a liability lawsuit.

Consequences

This is because famous people especially, but individuals in general, could potentially sue you as being liable for defaming them, even if you did not name the famous person but you portrayed them in a film. 

Invasion of Privacy

In addition to the potential that you could be liable for defamation, there is also the potential that you could be liable for an invasion of privacy if you create a film that portrays a famous person.

The invasion of privacy argument is brought up if you create a film that portrays a celebrity or famous person. And, unlike in a defamation suit, you don’t necessarily injure the reputation of the individual.

But you share details of their life that may otherwise be considered private and not for public knowledge. This is because people, including famous people, have the right to be left alone and not to share the private details of their life with others.

And if they do choose to share their privacy, it should be up to them, not you!

Right of Publicity

Do you need permission to portray a famous person in a film? Technically, famous people have what is known as the right of publicity which states that they should have control over the use of their name and the likeness of the setting in which it is used.

Thus, if you portray a famous person, and you make money off of the film that you produce portraying them. Then they have a right to the profit and/or to dictate how you use their brand. Including their image or their name or other pertinent details about them in your film.

People, including celebrities, have a right of publicity, and should be able to dictate the use of their image in the public.

The Takeaway

So, when the question arises as to whether you need permission to portray a famous person in a film or not. The general consensus is that famous people, especially, have many defenses against their brand or their story being portrayed on film without their permission.

Therefore, yes, you should seek permission before you decide to portray a famous person in your film.