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Loeb & Loeb Litigation partner Tal Dickstein is quoted in a Billboard article examining the legal challenges surrounding unauthorized celebrity biopics, including a forthcoming film about Billy Joel.
The article explores the limited legal avenues available to public figures seeking to challenge unauthorized portrayals, noting the strong protections afforded to filmmakers under the First Amendment. Tal explained that defamation claims may arise if a work contains damaging falsehoods, though public figures face the substantial hurdle of proving actual malice.
“If there are significant mischaracterizations or untruths that potentially harm the reputation of a subject of a film, there could potentially be defamation claims,” Tal said, adding that such claims face a high bar for public figures.
Tal also discussed the role of life rights agreements in biographical films, noting that “the concept of a life right is more of a contractual restriction than a free-standing intellectual property right.” He explained that, beyond helping filmmakers mitigate legal risk, such agreements can also prevent a subject from entering into competing film or book deals with others.
To read the full article, please visit Billboard’s website.
The article explores the limited legal avenues available to public figures seeking to challenge unauthorized portrayals, noting the strong protections afforded to filmmakers under the First Amendment. Tal explained that defamation claims may arise if a work contains damaging falsehoods, though public figures face the substantial hurdle of proving actual malice.
“If there are significant mischaracterizations or untruths that potentially harm the reputation of a subject of a film, there could potentially be defamation claims,” Tal said, adding that such claims face a high bar for public figures.
Tal also discussed the role of life rights agreements in biographical films, noting that “the concept of a life right is more of a contractual restriction than a free-standing intellectual property right.” He explained that, beyond helping filmmakers mitigate legal risk, such agreements can also prevent a subject from entering into competing film or book deals with others.
To read the full article, please visit Billboard’s website.
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