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Post by Deleted on Oct 16, 2018 12:20:45 GMT
Does anyone know if there are rules regarding the use of real life people living or dead in dramas or bio series?
It just occurred to me when I saw that Vinette Robinson is playing Rosa Parks in an episode or Dr Who next week would the use of the character have to be cleared with Rosa's estate? Dr Who have used Agetha Christie, Churchill, Richard Nixon to name but 3 over the years - could their family have objected or claimed royalties for these appearances.
Years back JD Salinger apparently objected to a character being based on him in Field of Dreams.
What about series like The Crown would they have to be cleared with the Royal Family given they cultivate their image etc.
There was Abraham Lincoln Zombie Hunter could they do Barrack Obama Freedom Fighter for example?
I'd figure that Dr Who could not use a trade marked character lets say Darth Vader but could a real life character be trade marked as such lets say they wanted to use Elvis?
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Post by Deleted on Oct 16, 2018 12:45:54 GMT
I think if someone is dead you can basically do what you like with them - live people are more tricky.
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Post by Deleted on Oct 16, 2018 12:46:42 GMT
I think if someone is dead you can basically do what you like with them - live people are more tricky. I just realised that this sounds really dodgy out of context...
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Post by Deleted on Oct 16, 2018 12:51:03 GMT
I think if someone is dead you can basically do what you like with them - live people are more tricky. I don't think thats particularly the case. Stick a character called Michael Jackson, who acts and looks the same and you'll be hounded by his estate for millions. Same for Prince, etc. South Park get away with though, look at the hundreds of real life people they've included (and tore apart). I guess legally it's a bit of a grey area but usually if they include a caveat similar to: 'Any characters are fictional and likeness to persons real is entirely unintentional' then they can do it. edit: Its called an 'All persons fictitious disclaimer'
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Post by Deleted on Oct 16, 2018 15:31:26 GMT
Thanks for the feedback - I wonder how spoof shows like The Windsors get away with it or Bo Selecta when they used to do Michael Jackson.
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Post by Deleted on Oct 16, 2018 15:33:13 GMT
Spoof shows get away with it because of fair use protections for purposes of parody. The *real* question is how Peter Morgan gets away with it.
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Post by Deleted on Oct 16, 2018 16:41:39 GMT
Yes the once your dead it's fair game generally applies. Tony Kushner puts a disclaimer in about Roy Cohn- afraid he'd be litigious even in death no doubt, but also to point out it is a fictionalised one.
Also depends if you're using something they made themselves in the case of artists etc, and what the copywright is on that. But if it's just their life story, usually it's a case of anything goes.
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Post by Deleted on Oct 17, 2018 13:14:29 GMT
Thanks for feedback - just wondered how the law and intellectual property worked. So basically a show like Dr Who could say use Elvis but to use his music would have to pay a huge amount.
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Post by Sam on Oct 17, 2018 14:04:47 GMT
This reminded me of the legal and moral discussions that came up around the Audrey Hepburn Galaxy adverts. I found this article, it's quite old now, but still an interesting read. Circumstances not quite the same as this is literally the person's image, rather than an actor portraying their story. I guess another recent example would be the Fast and Furious films, or whichever one of the new Star Wars used similar tec to use an actor that had died. Arguably more controversial to use a person's actual face which might be why in these cases the family/estate has been involved.
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19,799 posts
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Post by BurlyBeaR on Oct 17, 2018 14:09:24 GMT
Olivia D’Haviland has just started an appeal to the Supreme Court over the portrayal of her in Ryan Murphy’s Feud.
Despite being the grand age of 102 she’s not having it!
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Post by Backdrifter on Oct 17, 2018 15:46:32 GMT
This reminded me of the legal and moral discussions that came up around the Audrey Hepburn Galaxy adverts. I found this article, it's quite old now, but still an interesting read. Circumstances not quite the same as this is literally the person's image, rather than an actor portraying their story. I guess another recent example would be the Fast and Furious films, or whichever one of the new Star Wars used similar tec to use an actor that had died. Arguably more controversial to use a person's actual face which might be why in these cases the family/estate has been involved. That stupid Galaxy advert made me cringe. The most annoying thing was that they were obviously so pleased that they worked out specifically how to make her blink, they had her doing it every other second. On top of that, I argued with a few people who insisted it was a lookalike or actual film footage, despite my pointing out that she was blinking like a Disney cartoon. And was obviously a cartoon. It's funny how people see things differently, e.g. I thought the Cartoon Cushing in the recent Star Wars film looked rubbish, but know people who thought it looked brilliant. I like it when real people are incorporated into fiction, at least when it's done well. There's a novel called Flicker which involves various plots related to the film industry, in which Orson Welles is a character, similarly (a very angry) Sid James in Jonathan Coe's excellent What A Carve Up. But in terms of plays, I've suddenly gone blank on ones that do this, as distinct from plays that are depictions of historical events.
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Post by Deleted on Oct 19, 2018 11:49:31 GMT
Using clips from films would likely lie with the studios rather than the performer involved unless they had some veto over any clips being used. The performer or their estate could well be paid though.
Anyone recall some adverts Griff Rhys Jones made for a beer/larger years ago using old film clips. I'm sure one was from Ice Cold in Alex and featured John Mills' character. Sir John would have certainly still been very much alive and kicking when these adverts were made.
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Post by peelee on Oct 23, 2018 19:03:47 GMT
There were various adverts he did for Holsten Pils. Here with George Raft who in later life was forever knocking back allegations about involvement with gangsters:
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