Someone's name in a movie!

[SGF323]

I am wondering how movie companies get away with using names in movies when there more than likely is a real person in the world with the same name as the character? Can they do this because of the disclaimer at the end of the movie?

The reason I ask this is because I made a short movie and posted it on my website. There are a lot of people in the world who share one of the names of the people in the movie. I even did a search on Yahoo for the name and it was everywhere! One of these people, who share my characters name, is to sue me for invasion of privacy! I had the movie on my website as part of the website and the website had a disclaimer saying that all characters were fictional...blah...blah..blah....

My question is... Can I be sued for invasion of privacy when I had a disclaimer? And since it is almost impossible to pick a name that doesn't exist in the real world, how do the real movie companies do it?

[Edited by SGF323 on 05-02-2001 at 10:42 PM]

 

[I AM ALWAYS LIABLE]

One of these people, who share my characters name, is trying to sue me for invasion of privacy!

My response:

What do you mean by "trying".

IAAL

 

[SGF323]

What I meant by "trying" to sue me is that I have received a letter of demand. If I do not meet those demands then he may sue me. There has been no evidence that he will for sure, that is why I said "trying"!

 

[I AM ALWAYS LIABLE]

What I meant by "trying" to sue me is that I have received a letter of demand. If I do not meet those demands then he may sue me. There has been no evidence that he will for sure, that is why I said "trying"!

My response:

He may have sent you a Demand letter, but I still don't know what "trying" means. Sending you a letter, especially one that I haven't seen, could mean anything.

Therefore, it would be beneficial to you on this Board if you would please quote the letter, exactly, word for word in your next response. That way, we'll know what you mean by "trying".

Thank you.

IAAL

 

[SGF323]

Ok, I removed trying from the above post. While he hasn't yet filed suit, he very well may. Could you please just read over my first post and let me know what protects regular movies from getting in trouble with the situation of using someone else's name in the movie!

thanks!

 

[JETX]

Let me 'jump into the fray'........

Your original post asked, "Can I be sued for invasion of privacy when I had a disclaimer?"
Answer: Absolutely. One of the 'great' things about this country is that, given certain issues (venue, etc.) ANYONE can sue ANYONE ELSE!! Sometimes these lawsuits have merit, but some have no merit at all.

And anytime you do anything, including making a 'movie' and putting it where ANYONE can see it, you could make yourself liable for legal action. Most studios put disclaimers to minimize the chance for litigation, but they still can get sued.

Your real question should be, "If I am sued for 'invasion of privacy' over a movie that I made and include a disclamer, will I lose?". And if that is your question, the answer is a resounding "maybe". It all depends on what your movie says, does and the way it says it. Further, it depends on whether the damaged party can convince a court that by using his name, you damaged HIM or caused HIM harm and damages. Also, on whether this person is a 'public person' which might allow you greater leeway in your use of his name or image. As you can see, there are a lot of issues that MIGHT apply. And without having intimate knowledge of the facts and issues; and the person making the claim; and what your defenses could be, etc., it is impossible for any of us to determine whether you would be found liable.

Heck, it might help for you to post the link to your 'web movie' and letting us see if it is offensive.

 

[HomeGuru]

I'm still trying to understand the post.