Dale Nelson Delves into Free Speech and Rights of Publicity on the “Legal Vision” Podcast

Dale Nelson recently appeared on host and filmmaker Damien Swaby’s “Legal Vision” podcast in an episode entitled “Free Speech and Fighting for Your Story.” In her appearance, Dale and Damien unpack personal rights in the context of creative storytelling and what that means for filmmakers exploring the boundaries of free speech. Dale breaks down the various categories that fall under the umbrella of personal rights, including defamation, invasion of privacy, public disclosure of private facts, and rights of publicity.

“Rights of publicity, generally speaking, protect against someone’s use of someone’s name or likeness, sometimes voice or signature, for commercial purposes without the person’s permission,” Dale explains.

Dale adds that the concept typically known as “life rights” is not mandatory to obtain, despite common misconceptions. However, she explains that obtaining a biopic or documentary subject’s permission can be beneficial to a filmmaker for marketing purposes.

“There really is no such thing as life rights,” she tells viewers. “You don’t need the life rights to tell the stories of real people and real events. Now, the reason that phrase continues to circulate in legal and filmmaking circles is that sometimes there are good practical reasons why you want to get the ‘life rights.’ Usually, you want the person on board so that you can market it as the authorized biography of whoever your subject is, or you might want their assistance in marketing the film through public appearances.”

The Legal Vision podcast series, in collaboration with esteemed filmmaker and podcast host and producer Damien Swaby, is a pro bono project with the mission to inspire creators to explore necessary legal frameworks as they launch creative endeavors. The discussions and subject matter in this podcast do not constitute legal advice. Please consult with an attorney before making any legal decisions.

View the full episode on Apple Podcasts or Spotify.