The Making of “Maestro”: How Hollywood Navigates Legal Minefields in Biopics
The recent success of the biopic “Maestro,” which garnered seven Oscar nominations, shed light on the intricate dance between filmmakers and the subjects’ families when it comes to acquiring rights and avoiding potential lawsuits.
In Hollywood, the practice of acquiring “life rights” has become increasingly common to prevent defamation lawsuits and secure exclusive access to someone’s story. According to transactional law scholar Jorge L. Contreras, these agreements serve as a safeguard against legal disputes and competition from other filmmakers.
For “Maestro,” the biopic about Leonard Bernstein’s career and marriage, star and director Bradley Cooper took a proactive approach in securing the rights to Bernstein’s music from his three children. Despite having the freedom to proceed without their input, Cooper engaged with the family extensively throughout the production process.
Jamie Bernstein, the composer’s oldest daughter, revealed that Cooper maintained constant communication with the siblings, seeking their input on the script, sharing edited footage, and even hosting private screenings at his home. While the family respected the production’s closed set policy, they appreciated Cooper’s dedication to portraying their parents accurately.
One controversial aspect of the film was Cooper’s decision to use a prosthetic nose to resemble Bernstein, who was Jewish. Despite initial criticism, the Bernstein family publicly supported Cooper’s choice, which helped quell some of the backlash before the film’s premiere.
However, not everyone saw the family’s involvement as a positive influence. In a review for The New Yorker, Richard Brody criticized “Maestro” for avoiding controversy, suggesting that the estate’s cooperation may have played a role in shaping the film’s narrative.
As Hollywood continues to navigate the legal complexities of biopics, the case of “Maestro” serves as a reminder of the delicate balance between artistic freedom and respecting the subjects’ legacies.
