If someone wants to make a documentary or a movie about a deceased great grandparent

[usmc-sooner]

Do they have to pay the heirs any royalties? Anyone know how this works?

[Okla-homey]

Do they have to pay the heirs any royalties? Anyone know how this works?

it depends.

There are attorneys who specialize in that area of the law. The personage and his image often pass to the decedent's heirs as a form of property. If you are serious about beginning such a production, I'd check with one.

[sanantoniosooner]

How fat was he?

[Harry Beanbag]

LAS might know if you can get him off the picket line long enough to answer.

[usmc-sooner]

it's about an American Indian great great grandfather, probably a documentary if that makes any difference.

[Viking Kitten]

it depends.

There are attorneys who specialize in that area of the law. The personage and his image often pass to the decedent's heirs as a form of property. If you are serious about beginning such a production, I'd check with one.

Absolutely, absolutely, absolutely check with an attorney.

However, my (semi-educated) guess is you are probably in the clear. As I understand it, a person's rights to his own story and image expire when that person dies, UNLESS the person has taken steps to protect it before death. For example, Elvis Presley's estate still owns those rights, because his attorneys wisely set it up that way.

Unless your ancestor was very famous and/or very farsighted, you probably have as much right to his story as anyone else, related or not.

We talked about this in a media law class at OU, so that's where the info comes from. Again, as Homey said it's always a good idea to check with an attorney who specializes in media law.

[NYC Poke]

Do they have to pay the heirs any royalties? Anyone know how this works?

The short answer is no. If you had to do this, there would never be any unauthorized biographies or movies based on real events that portray anyone in an unflattering light. Personality rights do not trump the First Amendment.

The better answer, though, is the lawyerly "it depends." These laws vary from state to state, and any inquiry will be fact-specific.

Use a little of your production budget to consult with a lawyer. If it's something high-profile enough, I know a couple of lawyers that do that sort of thing in LA. I'd be happy to put you in touch.

[Okla-homey]

a person's rights to his own story and image expire when that person dies, UNLESS the person has taken steps to protect it before death. For example, Elvis Presley's estate still owns those rights, because his attorneys wisely set it up that way.



MLK didn't do a thing in his lifetime along those lines. However, the King family will sue the bejeezus out of anyone who tries to use his image without authorization.

Just saying.

[Viking Kitten]

An "image" would be different that someone's story though, wouldn't it? If I wrote a book about MLK's life, his family could sue me, but I doubt they would win. Though I agree if I produced a movie I'd have to clear the rights to any footage I used.

[Okla-homey]

An "image" would be different that someone's story though, wouldn't it? If I wrote a book about MLK's life, his family could sue me, but I doubt they would win. Though I agree if I produced a movie I'd have to clear the rights to any footage I used.

Which, IMHO, is horse hockey. They're trying to have it both ways. #1 MLK is a national hero to be celebrated by us all #2 the family own$ his historical persona.

It would be as if the gubmint had to pay royalties to the family of every dead white guy appearing on US currency.

Hmmm. mebbe that's why the gubmint hasn't yet put MLK on any coinage or bills.

[Chuck Bao]

I just don't see how one can copyright the image and the life story of a deceased public figure. I could see the precendents suing for defamation, but shouldn't intent to defame need to be proved first.

I can't believe that all of the JFK movies and books had to pay off or get the family's approval first. I can't believe that history could be so copyrighted.

If I'm wrong, I'm an old dead guy and my cat will sue your ***!

[LosAngelesSooner]

Heh...

[SoonerStormchaser]

So does this mean that my wife's and my story is fodder for an Academy Award winning movie once we move on? SWEET!

[TUSooner]

The answer to your quesry is DEFINITELY "NO...




I don't know how it works."

YWIA!

[NYC Poke]

MLK didn't do a thing in his lifetime along those lines. However, the King family will sue the bejeezus out of anyone who tries to use his image without authorization.

Just saying.


Yep. If they use it to sell pudding.