Protecting Against Defamation Claims From Docudrama Productions

Various claims have been made by a wide array of parties, including the individuals who actually were or claim to have been the subject portrayed in the film, the heirs of those depicted in the film and, in one case, a town where a depicted deceased individual once resided. Given the range of potential claimants, there is a growing need for actors, writers, producers and studios to consider whether their work is defamatory in nature or otherwise infringes on the rights of any individuals.

The three basic categories of claims that are made in the context of the circumstances surrounding the production of a film or TV program involving real events or individuals are for defamation, invasion of rights of privacy and violation of right of publicity. Defamation consists of a claim involving a false and unprivileged publication that exposes a person to hatred, contempt, ridicule, or causes him or her to be shunned or avoided, or which has the tendency to injure him or her professionally. Invasion of the right of privacy comprises rights an individual has to generally be left alone and out of the public eye. A violation of the right of publicity seeks to protect an individual's right to exploit his or her own name or likeness for commercial purposes.