Be Careful When Creating Composite Characters

A New York federal court has provided the creative community with an important reminder about the risks of portraying composite characters. The case, Greene v. Paramount Pictures Corp., underscores that even under New York law, which does not extend the right of publicity as far as other States, there are dangers - particularly given the difficulty of distinguishing editorial content from "advertising" or "commercial use."

Background

The case arose from the hit film, The Wolf of Wall Street, directed by Martin Scorsese and starring Leonardo DiCaprio. The claims, for alleged violation of the right of privacy and for defamation, came from the former lawyer at Stratton Oakmont, the notorious brokerage house featured in the film whose co-founders went to prison for securities fraud and money laundering. The plaintiff argued that the Nicky Koskoff character in the movie - which was expressly "based on actual events" but disclaimed "any similarity to the name or to the