QLD Musical Based on Real Life Person

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Dannyboy

Member
28 June 2017
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Hello,

I had an idea to write a musica based on the life of Agatha Christie. I researched life rights and the information I got was that life rights don't exist and events are public domain. Is this true?
I was also concerned with copyright, since Agatha Christie has written an Autobiography, do I have to worry about copyright if I don't base the Musical on her autobiography?
One last question, can a person's name be trademarked? I think I read that her signature had been trademarked but I was wondering if her full name could have been?
Thank you.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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I had an idea to write a musica based on the life of Agatha Christie.
Not a problem in itself.
I researched life rights and the information I got was that life rights don't exist
What do you mean by "life rights"?
...and events are public domain. Is this true?
It can be true. There are, as lawyers say, no property rights in a spectacle.
And facts of history and people of history are fair game to write about.
Think how many people have written books about Ned Kelly or Jesus of Nazareth.
I was also concerned with copyright, since Agatha Christie has written an Autobiography, do I have to worry about copyright if I don't base the Musical on her autobiography?
Not necessarily.
Depends what you write about, and whether or not you use content from the book.
Simply writing about the same facts won't be a problem.
Lifting paragraphs from the book directly into the libretto might be.
One last question, can a person's name be trademarked?
Yes, a name can be trademarked.
You may recall that earlier this year, Kylie Minogue won a case against Kylie Jenner/Kardashian on just this question.
 

Tim W

Lawyer
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28 April 2014
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"Life rights" in the way you use it is not a concept known to IP Law.
Phrases such as "Unauthorised Biography" are marketing devices, not concepts of law.
 
25 May 2017
3
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You are not making her life your own, you are just writing on her life as a history. I dont think it will infringe any ip law as long as you dont cross some lines.