The ruling is a win not just for FX and Murphy, but also for screenwriters and producers generally. “Whether a person portrayed in one of these expressive works is a world-renowned film star — ‘a living legend’ — or a person no one knows, she or he does not own history,” the three-judge panel wrote in a 38-page opinion. A lower court expedited the case because of de Havilland’s advanced age and allowed the case to proceed last fall. “Today’s victory gives all creators the breathing room necessary to continue to tell important historical stories inspired by true events. If they portray a real person in an expressive work in a fanciful, imaginative — even fictitious and therefore ‘false’ — way, they face a false light lawsuit if the person portrayed does not like the portrayal.”

Source: Washington Post March 27, 2018 10:06 UTC