WHEN IS IT LEGAL TO FILM PEOPLE ?
" Defamation and libel suits arise when a person who is distinguishable on camera claims that he or she was portrayed in a false manner that is harmful to his or her reputation. Usually, statements that are "merely unflattering, annoying, irksome, or embarrassing, or that hurt only the plaintiff's feelings" do not support a defamation claim. Nor will humor or parody. Furthermore, public figures such as celebrities and politicians have a much harder time winning defamation cases: they have to prove that the filmmakers knew that their portrayal of the subject was false or was made with a reckless disregard for its truth (a standard called actual malice). Filmmakers tend to get into hot water when they portray nonpublic figures in contexts that are both scandalous and false."
Thomas A. Crowell concentrates his law practice in the areas of entertainment and inte aw. Portions of this article were taken from his new book, The Pocket Lawyer scheduled to be published by Elsevier in February 2007. Crowell can be reached at
www.thomascrowell.com
