{"id":10844,"date":"2026-06-01T10:23:22","date_gmt":"2026-06-01T10:23:22","guid":{"rendered":"https:\/\/usatrustedlawyers.com\/blog\/why-billy-joels-lawyers-likely-cant-stop-billy-me-biopic\/"},"modified":"2026-06-01T10:23:22","modified_gmt":"2026-06-01T10:23:22","slug":"why-billy-joels-lawyers-likely-cant-stop-billy-me-biopic","status":"publish","type":"post","link":"https:\/\/usatrustedlawyers.com\/blog\/why-billy-joels-lawyers-likely-cant-stop-billy-me-biopic\/","title":{"rendered":"Why Billy Joel\u2019s Lawyers Likely Can\u2019t Stop \u2018Billy & Me\u2019 Biopic"},"content":{"rendered":"\n
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\n\tIn 1983, Frank Sinatra sued celebrity biographer Kitty Kelley after learning she was working on the book His Way: The Unauthorized Biography of Frank Sinatra<\/em>, only to drop the case within a year. Seventeen years later, a judge threw out litigation from the estate of David Ruffin over the 1998 NBC miniseries The Temptations<\/em>. And in 2018, an appeals court said actress Olivia de Havilland could not sue FX over her portrayal in the Ryan Murphy series Feud: Bette and Joan<\/em>.<\/p>\n

\n\tThese are just a few among scores of cases that have failed over the decades in trying to challenge unauthorized biographical works about celebrities, largely due to First Amendment free speech protections. Experts tell Billboard<\/em> that Billy Joel would likely meet the same fate if he brought legal action over the unauthorized biopic Billy & Me<\/em>.<\/p>\n

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\n\tThe project, announced by Variety<\/em><\/a> last week, tells the story of Joel\u2019s early career through the eyes of his first manager, Irwin Mazur<\/strong>, and early collaborator Jon Small<\/strong>. But Joel himself has not given his blessing \u2014 and he has publicly stated that the movie should not be made.<\/p>\n

\n\t\u201cSince 2021, the parties involved have been officially notified that they do not possess Billy Joel\u2019s life rights and will not be able to secure the music rights required for this project,\u201d says Joel\u2019s spokesperson, Claire Mercuri<\/strong>, in a statement shared with Billboard<\/em>. \u201cBilly Joel has not authorized or supported this project in any capacity, and any attempt to move forward without it would be both legally and professionally misguided.\u201d<\/p>\n

\n\tIf he made good on that not-so-subtle threat, what would Joel\u2019s legal options be? He could theoretically sue the filmmakers in New York or California under state-level laws that protect that right of publicity \u2014 that is, a person\u2019s right to control their name, image and likeness. Such a lawsuit could be brought before the movie\u2019s release if Joel wanted to seek an injunction stopping it, or afterwards in pursuit of damages for alleged harm.<\/p>\n

\n\tRight of publicity laws have been invoked in many previous celebrity biopic lawsuits, typically without success. There are two key reasons for this. First, the bulk of states that have right of publicity statutes limit this protection to commercial products, such as the use of one\u2019s face on an advertisement or merchandise, and exclude artistic endeavors like movies. Second, courts have routinely found that a filmmaker\u2019s First Amendment right to free speech overrules an individual\u2019s right to control their story.<\/p>\n

\n\t\u201cThe legal rule is no one has a monopoly on historical facts,\u201d says Elizabeth Seidlin-Bernstein<\/strong>, a media lawyer at the firm Ballard Spahr. \u201cNo one has veto power over the making of a biopic about them. The First Amendment protects that kind of expression.\u201d<\/p>\n

\n\tWhile a right of publicity lawsuit would thus face long odds for Joel, there is another type of legal action that could also be available to him after the movie comes out: a defamation lawsuit.<\/p>\n

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\n\t\u201cIf there are significant mischaracterizations or untruths that potentially harm the reputation of a subject of a film, there could potentially be defamation claims,\u201d says Tal Dickstein<\/strong>, an entertainment litigator at Loeb & Loeb.<\/p>\n

\n\tWhether Joel has any legal recourse for defamation will depend on the specific content of Billy & Me<\/em>, which for now remains unknown (the script is not yet done, per Variety<\/em>). There are also First Amendment barriers to the success of defamation claims for public figures like Joel; in order to win this sort of legal action, a celebrity must show that a lie was told with actual malice, meaning the teller knew it was false or recklessly disregarded the truth. \u201cIt\u2019s a high bar,\u201d explains Dickstein.<\/p>\n

\n\tThe fact that the Billy & Me<\/em> filmmakers have not bought Joel\u2019s life rights is not independently a legal issue. It is true that many Hollywood production companies prefer to get a subject\u2019s authorization before greenlighting a project. But Seidlin-Bernstein says this is not so much a legal requirement as a sort of \u201cinsurance policy,\u201d since life rights agreements typically include a release of all possible claims one could bring in the future, and often a promise of access or participation from the subject.<\/p>\n

\n\tDickstein similarly tells Billboard<\/em> that the concept of a life right is \u201cmore of a contractual restriction than a free-standing intellectual property right.\u201d He says that in addition to helping filmmakers avoid risk, these agreements also can be valuable in prohibiting a subject from inking a film or book deal with someone else.<\/p>\n

\n\tThe Billy & Me<\/em> filmmakers are thus legally free to make a Joel biopic sans life rights, albeit without the valuable upsides that would come with his buy-in. With Joel\u2019s approval, the movie will also likely be lacking in another important element: his music. Joel retains ownership of his catalog, meaning he\u2019d have to grant approval for Billy & Me<\/em> to dramatize the production or performances of Billboard Hot 100 chart-toppers like \u201cIt\u2019s Still Rock and Roll to Me\u201d or \u201cWe Didn\u2019t Start the Fire.\u201d<\/p>\n

\n\tThis is likely why, as reported by Variety<\/em>, the movie\u2019s plot will be Joel\u2019s origin story before the release of his breakout hit \u201cPiano Man\u201d in 1973. Writer and producer Adam Ripp<\/strong> told Variety<\/em> that the film takes place during Joel\u2019s time in his early 1960s band The Hassles and \u201cfeatures the cover songs performed by them during that era.\u201d<\/p>\n

\n\t\u201cAs such, characterizing Billy & Me<\/em> as \u2018legally and professionally misguided\u2019 does not accurately reflect the nature of the project nor the legally obtained rights underlying the production,\u201d Ripp said in his statement. \u201cThe film is based on Irwin Mazur and Jon Small\u2019s firsthand experiences and Irwin\u2019s legitimate right to tell his own life story and perspective regarding the events depicted in the film.\u201d<\/p>\n

\n\tIn a statement to Billboard <\/em>for this story, Joel\u2019s spokesperson Mercuri said, \u201cAt no time has Billy Joel even suggested that he would seek to enjoin this proposed film. Instead, he has made clear that his music will not be licensed and he has not authorized those associated with the proposed film to depict him visually or vocally and he reserves his rights to protect his valuable state law rights.\u201d<\/p>\n


\"Billboard
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