Using character, depictions or references that evoke celebrities could lead to claims for right of publicity violations, even if such depictions are not identical to the celebrity.
Defamation
Oral: slander
Tangible form: libel
Elements of Defamation
False Statement: untrue serious statement of fact. (Jest, personal opinions, etc. - not libel)
Injury: damages a person's reputation and/or economic loss (certain words assumes loss of reputation - dishonesty, promiscuity, drunkenness, etc.)
Publication: dissemination to one or more third person.
Identity of plaintiff: must establish that the libelous statement clearly refers to them.
Fault: must show that the person making the statement was negligent; however:
Public figures and public officials must show the statement was made with malice.
What is malice? Statement was made with knowledge that it was false or with reckless disregard of whether or not it was false.
Defenses to Defamation
Opinion
Name Calling
Truth - no matter how scandalous
Official new reporting privilege
Consent - this is why any time you film somebody, you should get them to waive all claims to defamation. (This is what a release does.)
You can't defame a dead person.
Releases
Release play an important role in protecting producers from the possibility of invasion of privacy, publicity and defamation lawsuits.
Producers should secure releases from all individual who are recognizable.
Disclaimers
"Any resemblance to real persons, living or dead, is purely coincidental."
A disclaimer is a statement that denies responsibility,
Disclaimer for film based on fact:
"This story is based on actual events. In certain cases incidents, characters, and timelines have been changed for dramatic purposes. Certain characters may be composites, or entirely fictitious."
Chain of Title
The chain of title establishes that the filmmaker owns all the rights to his film.
Book - Treatment - Script - Movie
You will not be able to sell your film, without a "clean" chain of title, which establishes rights back to the original copyright owner.
The chain of title is the unbroken record of a copyright (and any IP used in your film).
You sill have to prove the film's chain of title to distributors, financers, unions and insurers during the course of the life of the film.
Errors & Omissions Insurance
E & O insurance protects the policy holder from claims for defamation, invasion of privacy, trademark and copyright infringement.
The insurer will review all necessary releases and permissions require a copyright and title report, review music licensing and employment agreement.