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Protecting Against Defamation Claims From Docudrama Productions

By Sean Kane

Producers are rushing to meet the public's demand for reality content. This content includes film and TV productions based on the lives of real people. But there are pitfalls in producing 'biopics' or 'docudramas.' By their very nature, concocted scenes and contrived dialogue inherent in these types of productions may give rise to liability. In fact, there have been a growing number of civil actions or claims made concerning the manner in which certain parties have been portrayed.

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.

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