Does a Living Person Have Control Over a Movie Being Made About Him or Her?

When a living person's life story is being considered for a movie, questions often arise about their rights and control over the project. This article provides a detailed overview of the legal landscape surrounding such scenarios.

Legal Rights and Control

Yes, no, maybe – the answer depends on the specific circumstances and legal frameworks in place. In many cases, a living person does not possess full control over a movie being made about them. However, there are instances where they may have grounds for legal action, such as pursuing compensation or preventing the use of their story without consent.

Case Study: Gregg Allman

Gregg Allman, the renowned singer, provided a notable example with his lawsuit against movie producers seeking to revive a film based on his life story. In May 2014, Allman filed a lawsuit against "Midnight Rider" producers, alleging that they failed to meet the conditions stipulated in his contract with Unclaimed Freight.

According to Allman's attorneys, the producers lost their right to the singer's life story due to their failure to start principal photography by February 28 and to pay the agreed-upon sum. However, this case highlights the intricate nature of contract terms and the limits of control a person can exert over their story.

Free Speech and Press Rights

In the United States, the right to free speech and press plays a crucial role in this context. Under standard restrictions, such as those against slander or libel, a living person generally has no control over a movie being made about them unless the portrayal is defamatory or contains falsehoods that damage their reputation.

For instance, if a newspaper decides to publish an article about a person without their consent, the individual has no authority to veto it or demand compensation. Similarly, when a movie production occurs, the living person involved has no inherent veto power or right to compensation, unless the portrayal is false and harmful to their reputation.

Reputation and Compensation

There are exceptional situations where a living person can seek legal recourse for wrongful portrayal in a movie. If the film contains falsehoods that harm their reputation, they can sue for defamation. However, these cases can be challenging to win. A good example is the movie Vice, which provided an unflattering portrayal of Dick Cheney's life.

While every living person depicted in the movie, including Cheney, could technically sue the filmmakers, the likelihood of success is dependent on the accuracy of the portrayal. Any lawsuit would attract significant attention, which may outweigh the benefits for the complainant. Therefore, even if a lawsuit had a clear case, the individual might not pursue it due to the media coverage.

Conclusion

The legal landscape surrounding a living person's control over a movie being made about them is complex and nuanced. While a living person generally does not have full control over their story being adapted into a film, they may have grounds for legal action if the portrayal is defamatory or false. Consulting with a legal professional is always recommended when faced with such situations.