This article returns to a topic discussed in this column several years ago, but which seems to be increasingly popular. It all begins with a seemingly simple question: “Can I write a play about a real person?” This query invokes two areas of the law referred to as the right of publicity and the right of privacy. These rapidly developing fields are governed by state law rather than federal law, and thus differ from state to state. Therefore, this article will address only the basic concepts involved with the rights of publicity and privacy.
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