We’ve had the privilege of providing legal advice on films depicting real life events such as “The Rescue”, “Thirteen Lives” and “Endurance”, and working on these projects is always fascinating.

For producers, one key advantage is that the story is already there, which can significantly cut down on both time and cost in creating the narrative. Of course, the challenge lies in how best to adapt and present these real-life events in a compelling script or documentary. 

The legal issues are just as significant, and this article explores the complexities of "life story rights" and the legal obstacles producers face when transforming real-life stories into films or TV shows.

Who owns the story?

One of the most common misconceptions about life stories is the belief that individuals inherently own the rights to their own life story. In truth, under English law there is no legal framework that grants individuals ownership of their life stories in terms of copyright, trade mark or other kinds of intellectual property right. As long as the information is legally obtained, there is nothing to prevent a producer from creating a film or TV program based on someone’s life, even without that person’s consent.

This lack of a clear ownership structure raises significant legal challenges for producers who wish to avoid potential lawsuits, particularly concerning defamation or invasion of privacy.

Could it be defamatory?

One of the major risks producers face when portraying real-life individuals is the potential for defamation claims. In English law, for a defamation claim to succeed the claimant must prove that the statement was about them, was made to a third party and has seriously harmed (or is likely to seriously harm) their reputation.

While many producers assume that truthfully depicting real events protects them from defamation claims, this is a risky assumption. Depictions of real people are inherently subjective; creative choices made by scriptwriters or directors can lead to interpretations that may stray from the facts.

In the US, Netflix has recently come under fire in this regard in respect of two of its productions, “Inventing Anna” and “Baby Reindeer”. In both instances, people who were depicted in these shows have sued Netflix for defamation based on their portrayal.

In the case of “Inventing Anna”, Anna Sorokin’s real life former friend, Rachel Williams, doesn’t deny Netflix’s right to have a disagreeable character in the docudrama, but says that if that character was to be based on her, Netflix:

… should have given the character a fictious name and changed the character’s identifying details so that no one would believe that the character was a portrayal “of and concerning” the real Rachel Williams.

Netflix hasn’t done itself any favours in that, according to Williams’ complaint, her character is the only one who is given a real person’s full name, and who has the same identifying details as that real person.

The facts of the “Baby Reindeer” defamation case are slightly different in that Fiona Harvey, the inspiration for the protagonist’s stalker, was given a fictious name. However, the character’s other identifying details were largely similar, so much so that within days of release, members of the public identified Harvey as the inspiration for the character.

Where the potential for a defamation claim is especially concerning is if the depicted individual seeks an injunction to prevent the release of the project. Such an injunction could significantly disrupt the production’s ability to perform commercially, leading producers to carefully consider the legal risks involved.

Interestingly, defamation claims cannot be filed by the estates of deceased individuals in the UK and many other jurisdictions. As a result, films and TV shows about historical figures are less likely to face defamation lawsuits. However, some territories do have post-mortem rights of publicity, so producers must exercise caution when releasing content internationally.

Is it an invasion of privacy? 

In addition to defamation, another potential legal issue is the invasion of privacy. Whilst there is no go-to right of privacy as far as life rights are concerned, claims have been successfully brought on grounds including data protection law, human rights laws and tort law, particularly the tort of breach of confidence and misuse of private information. Article 8 of the European Convention on Human Rights guarantees the right to respect for private and family life, while Article 10 safeguards freedom of expression.

The challenge for courts and, by extension, producers, is balancing these competing rights. Public figures who actively seek attention may forgo their right to privacy, as was evident in a case involving Elizabeth Taylor, who was unable to block the airing of an unauthorised biography. Producers must therefore navigate these complex legal principles when creating content based on real individuals' lives.

The importance of life story rights agreements

Obtaining permission from the individual or the estate of a deceased individual whose life story is being adapted is generally considered good practice. Legally, it reduces the risk of defamation or invasion of privacy claims and ensures that the project can secure insurance coverage. Beyond legal protection, consent also provides access to valuable information, such as personal accounts, records and insights, which can enhance the creative process and give the project added authenticity.

While exclusivity cannot always be guaranteed, some individuals may be willing to agree not to engage with other producers, which can help protect the project’s commercial prospects. However, acquiring life story rights often requires an investment, and not all producers are willing to spend money on securing these rights, especially when there are other ways to gather information.

Other permissions that may be needed

When adapting a life story, producers must consider the rights of third parties, especially if the story is based on other sources like books, documentaries or newspaper articles. If the life story is drawn from these external works, producers may need to secure additional permissions or clearances. For example, if a newspaper article is used as a basis, consent from the journalist, photographer and newspaper may be required to avoid copyright infringement.

In some cases, life stories are based on books. When this happens, the producer must obtain an option agreement from the author or publisher to avoid infringing on the copyright in the book.

Producers should also consider the possibility of incorporating documentaries into their work. While there is no obligation to secure rights from a documentary maker if a film is inspired by the same events, it may be beneficial to do so, both to avoid copyright disputes and to capitalise on the documentary’s existing audience.

That’s a wrap

When adapting a real-life story for film or television, producers must carefully navigate a complex legal landscape. Ensuring that all necessary permissions are obtained, particularly for life rights, is crucial to mitigate the risks of defamation, invasion of privacy and copyright infringement.

We suggest getting such a contract in place to prevent costly legal disputes down the line and ensuring that the project has the stamp of authenticity.