Need extended info on rights to True Stories.

[Xstreamist]

I've read the two threads here that relate to the right involved in using a true story for a screenplay, however I need a bit more info.
In one of the answers the terms "privacy rights" and "right of publicity" were mentioned. I wish to write a screenplay based on a true life unsolved serial murder case. I have researched this case extensively and all information can be found on the internet as well as in non fiction books. The events took place in the 30's if that means anything limitation wise...
There was a certain person who remained the prime suspect for one particular law encorement individual and to an extent admitted he was the killer but no real proof ever surfaced, only circumstantial. This person is in fact named in public domain on several web sites.
Would "privacy rights" or "right of publicity" come into play on something like this or is it free game now?
I would indeed like to use actual names to maintain accuracy in the story.

Also along a different line.... is it ok to use actual names of specific buildings such as hospitals and/or street locations?
Thanks in advance.

 

[Michael Wechsler]

If you were doing a documentary on the story then I'm not sure the issue even applies. However, it seems that you are trying to author a play that uses those names. I don't think that privacy rights are available for estates of the deceased but the right of publicity might come into play, as might someone who trademarks their name (Walt Disney.) This issue comes into play frequently with regard to "digital actors" who are revived from the dead and may appear in a commercial near you.

With regard to using actual building names, there might be issues, e.g. "the Met Life Building" as it is an asset owned by a private company. I wouldn't want to get entangled with potential issues. I cannot imagine how you could get in trouble using "42nd Street" although some unique street names associated with a company might create issues.

If you are creating a screenplay, I'm not sure why you wouldn't want to avoid the issue altogether and use your own names if there are serious questions. It's much safer and you also won't arouse the ire of those who think you have done history a real injustice and may give you bad publicity or even file suit that will cost you money even if you ultimately prevail (it doesn't mean your costs will be recouped either.)

Originally posted by Xstreamist
I've read the two threads here that relate to the right involved in using a true story for a screenplay, however I need a bit more info.
In one of the answers the terms "privacy rights" and "right of publicity" were mentioned. I wish to write a screenplay based on a true life unsolved serial murder case. I have researched this case extensively and all information can be found on the internet as well as in non fiction books. The events took place in the 30's if that means anything limitation wise...
There was a certain person who remained the prime suspect for one particular law encorement individual and to an extent admitted he was the killer but no real proof ever surfaced, only circumstantial. This person is in fact named in public domain on several web sites.
Would "privacy rights" or "right of publicity" come into play on something like this or is it free game now?
I would indeed like to use actual names to maintain accuracy in the story.

Also along a different line.... is it ok to use actual names of specific buildings such as hospitals and/or street locations?
Thanks in advance.

 

[RaisetheBar]

How would the right of publicity enter into this professor? The alleged killer has been dead for a long time I suppose. The alleged never promoted himself in the entertainment field or whatever. So how would the right of publicity enter into it?

 

[Xstreamist]

Yes, the alleged killer has been dead since 1965.
None of the names are trademarked.
I just want to confirm what you said here Law Professor. The estate (meaning decendants, or other family of) the person can not claim privacy rights?

Can you extrapolate on your coment regarding publicity rights possibly coming cominginto play? What factors might bring them into play?

Just to remind... all of the characters in the screenplay are now deceased.

The screenplay is not biographical, nor is it a documentary. It's a story based on specific events surrounding a murder case. I would like to keep the names in tact for historical accuracy.

The building names I was wondering about were like say.. "Andover Hospital", "Vetran's Mental Institution", etc....

Thanks for you reply and thanks in advance for any further assistance.