QUESTION
If someone is trying to sell a film based on my deceased husband's stories does the estate have any rights?
Asked on Aug 06th, 2015 on Estate Planning - Oregon
More details to this question:
This past March, my husband passed away. Before his death, he was involved with a film maker who took interest in his life and stories. He approached my husband about helping him develop scripts and eventually making films using my husband's past as the basis for many of the plot points. My husband allowed this man to video tape him telling his stories with the understanding that they were creative partners.The filmmaker got a copyright in his own name for the video. He is now using my husband's death and image to try to raise money from people so that the film can be made. He admits that he is selling my husbands stories, not his own. It is very evident to anybody who has viewed the videos that my husband was a creative author. An such, would he have had any rights as a co-author to the video without having a copyright? If it was proved that the new script was based almost entirely on the stories my husband told on the video, would the estate need to prove any ownership of the original video to allow the estate to make a claim on the script, movie, etc..?Please tell me how move forward and get this film maker to negotiate with the estate before he can sell any script, or creative work based on my husband's stories. My probate attorney said that anything my husband owned belongs to me as the surviving spouse and beneficiary of his estate.
7 ANSWERS
While they are your husband's stories, it is the filmmaker who created the actual work (the videos) and owns the copyright on it. Sometimes the parties sign an agreement in advance that the interviewee will receive a sum of money or other payment for sharing the stories and allowing them to be the basis of a film or book. However, the rights to one's own story don't usually survive one's death. There are a couple of ways to handle this problem are there any written records that would prove your husband and the filmmaker's agreement to co-author? Any letters or e-mails or tweets? Did your husband provide any documents, old photos, memorabilia, etc. for the filmmaker to use? An attorney experienced in entertainment or intellectual property law can help you with this.
Answered on Aug 07th, 2015 at 9:41 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Very interesting. First, if you have a probate attorney, you should discuss this with your attorney and get your advice from your attorney. That said, in addition to the copyright angle, you might consider taking a look at the Illinois Right of Publicity Act at 765 ILCS 1075. How to move forward? Perhaps send a cease and desist or demand letter? If ignore, perhaps a probate citation? Again, work with your probate attorney on all of this.
Answered on Aug 06th, 2015 at 8:02 PM
Yes, you can sue to stop the film or get a portion of the profits. I can help you find a good lawyer who specializes in this kind of case.
Answered on Aug 06th, 2015 at 7:48 PM
IN the USA copyright attaches upon the creation of a work. If your father was not an employee of the filmmaker or a partner under a partnership, then, he is the author of these stories and owned them. When he died, his estate became the owner. Your father also had a right to own his image and his reputation. The estate also owns these. Hire an estates attorney who knows about intellectual property.
Answered on Aug 06th, 2015 at 3:29 PM
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This is something you should be discussing with your probate attorney. You have counsel. Whether your attorney needs to associate another attorney is something you should discuss with him/her. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Aug 06th, 2015 at 1:33 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek a referral from your probate attorney to a litigator who is familiar with copy right suits, and so forth to sue on your behalf for the value of your inherited rights to your former husband's stories and subsequent videos.
Answered on Aug 06th, 2015 at 1:33 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, your husband had copyright in his stories as soon as he recorded them in some reproducible fashion wrote them down, wrote outlines or notes. This is very specialized stuff. Contact a copyright attorney. Do so fast, as there will be time limits on any claim.
Answered on Aug 06th, 2015 at 1:30 PM