Author ORCID Identifier

0000-0002-7899-3060

0000-0003-1795-7143

Document Type

Article

Publication Date

7-2023

Abstract

The life story deal is a staple of Hollywood entertainment law practice. Studios seeking to make a docudrama (a feature based on real life facts but including dramatized elements) often do so only after securing life story rights from the subject of the production. Yet “life story rights” are a fiction. No source of law vests exclusive rights in the facts that comprise the narratives of our lives. Despite popular misconceptions, neither copyright, trademark, privacy, nor the right of publicity give individuals the exclusive right to exploit facts concerning their lives. On the contrary: in the United States, First Amendment considerations severely limit any legal constraint on expressive speech, including dramatic depictions. So why do production companies pay amounts that are sometimes in the millions to acquire these “rights”? Drawing on interviews with practitioners across the entertainment industry, we approach this puzzle by identifying the principal components of life story rights: a grant of (illusory) rights, a waiver of liability claims, guaranteed access to the subject, and an agreement to work exclusively with the acquirer. The modularization of these distinct jural relations under the rubric “life story rights” is the result of successful private ordering within a fast-moving and highly competitive industry, thereby enhancing transactional efficiency through reduced information costs, signaling and litigation avoidance.

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