What if one mistake—one character, one quote, one real name—could kill your film project before it ever gets financed?
That’s not just theory. It happens more often than you’d think.
I recently got a question that highlights a widespread misconception—and a major legal risk—that can tank a book or film project, damage reputations, and trigger lawsuits that linger for years.
Here’s the question I received from Cathy:
“Hi Gordon,
I’m confused. When creating a film or script, we go to great lengths to get life rights and permissions to use a person’s likeness. But I’ve come across a case where someone wrote a book blaming people for his addiction and crimes—some by name, others thinly veiled. These people are furious and have sent cease-and-desist letters. Can they stop him? And wouldn’t this kind of thing break the chain of title if it gets turned into a film?”
Let’s unpack this—because if you’re a filmmaker, writer, producer, or distributor, the risks here could cost you your entire project.
First: There’s No Such Thing as “Life Rights”
That might sound strange coming from a lawyer, but it’s true.
There’s no law requiring you to buy “life rights” to tell a true story about someone—so long as you stick to the truth. The term “life rights” is really industry shorthand for a kind of legal insurance policy. What you’re securing in a “life rights” deal is:
- Access to the person’s story
- Cooperation for interviews and details
- And, crucially, a waiver of potential claims (libel, false light, invasion of privacy)
That last part? It’s what really matters.
Because without it, even telling a mostly true story can open the door to lawsuits, delays, and PR nightmares—especially if your portrayal includes inferences, speculation, or creative license.
And let’s be honest: when adapting for drama, someone’s always going to be portrayed as the villain.
The Real Legal Risks: Defamation and Privacy Claims
Let’s break down the two biggest threats when using real people in a creative work:
1. Defamation
Defamation happens when someone publishes a false statement about another person that causes harm to their reputation.
Truth is a defense—if what’s said is 100% accurate and provable, it’s not defamatory.
But if you exaggerate, assume, or speculate—and you're wrong? You’re on the hook.
Even if you win in court, the legal fees, delays, and reputational damage can be brutal.
2. Invasion of Privacy
Even if what you reveal is true, people have a right to keep non-public, private facts out of your book or film—especially if those facts are personal, sensitive, or embarrassing.
This is where a lot of well-meaning creators get into trouble.
If your subject didn’t consent, you can’t rely on “it’s true” alone to keep you safe.
Using Real Names? You May Have Just Lit the Fuse
In Cathy’s example, the author of the book used real names in some cases and thinly disguised references in others—enough that people recognize themselves.
That’s a recipe for trouble.
The cease-and-desist letters are a flashing red light: someone’s already angry enough to get lawyers involved.
And here’s the kicker: even if no lawsuit is filed, the mere threat of one can derail your plans to adapt the story for film, streaming, or even a podcast.
What About Chain of Title? Will It Hold?
Let’s clarify.
“Chain of title” refers to the complete and unbroken history of ownership and licensing rights in a project—your screenplay, your source material, the music, the footage, everything. It’s what lets producers secure financing, insurance, and distribution.
If you’re adapting a book based on real people, you must be able to show that the source is either legally bulletproof—or that you’ve cleared the necessary rights.
In cases like this, where people are sending legal threats, you’ve already broken the confidence of your chain of title—even if not technically violating it.
Would you finance a project that might get sued before release?
Neither will investors.
Why You Should Think Twice Before Adapting “Uncleared” Material
If you’re considering adapting a tell-all memoir, here’s what you’re risking:
- Litigation delays that tie up the project for years
- Insurance refusals—no E&O (Errors & Omissions) policy, no distribution
- Distributor drop-outs who won’t touch high-risk content
- Personal liability if your LLC or production company doesn’t shield you
- Reputational fallout if your work is perceived as unethical or exploitative
Unless the author can back every claim with credible sources, documentation, and legal review, you’re holding a hot potato.
As I told Cathy: I wouldn’t go near a project like this unless every subject was either long deceased or had signed a release.
Bottom Line: The Real Cost of Skipping “Life Rights” Isn’t Just Legal—It’s Business
You don’t need life rights to tell a true story. But if you don’t have them, you’re betting the whole project on one risky assumption: that no one will be angry enough—or rich enough—to sue you.
That’s not a bet I’d take.
Want to avoid these risks altogether?
- Choose public domain or fictionalized material.
- Secure life rights agreements with your real-world subjects.
- Or stick strictly to verifiable facts—no guesses, no assumptions, no dramatizations.
And above all: get legal review early—before you lock the script, option the book, or pitch your project.
Got Questions About Clearing Your Script or Story?
If you’re working on a project involving real people or sensitive material, I can help you understand the risks and protect your work from costly surprises.
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Gordon Firemark is an entertainment and media attorney who helps filmmakers, podcasters, and creative professionals protect their work, secure the rights they need, and build legally sound creative businesses.
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