Realistic Docudramas Don’t Violate California Publicity Rights–deHavilland v. FX

By Guest Blogger Tyler Ochoa Last week, the California Court of Appeal ordered the dismissal of a right of publicity and false-light privacy lawsuit brought by legendary actress Olivia de Havilland  against FX Networks over the depiction of her in the television miniseries Feud: Bette and Joan (2017). The opinion is available here. One of Hollywood’s staples is the docudrama: a motion picture or television series based on real persons and real-life events.  Recent examples include the television series The People v. O.J. Simpson (which won nine Emmy awards), and the movies Hidden Figures (about female mathematicians and engineers at NASA in the 1960s) and Darkest Hour (about Winston Churchill’s early days as Prime Minister). Sometimes docudramas are near-journalistic in nature, and sometimes they are heavily fictionalized; but all docudramas are necessarily dramatized to some extent, because it is impossible to depict real life with…

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