As Controversy Mounts Over Versace Crime Story, Is it Legal?

Gianni Versace was gunned down on the steps of his Miami Beach mansion in July 1997 by serial killer Andrew Cunanan. Now, just over 20 years after the shocking tragedy, FX is building upon its award-winning American Crime Story series with “The Assassination of Gianni Versace,” a 9-episode take on “the takedown of the day’s most famous fashion designer.” While the network states that the series is “inspired by actual events,” the Versace family has unequivocally called foul … more than once.

A statement from the Italian clan released on Monday reads, “The Versace family has neither authorized nor had any involvement whatsoever in the forthcoming TV series about the death of Mr. Gianni Versace.“

The family, which clearly wants nothing to do with the impending series, further stated that since it did not authorize the book from which the FX series is partly drawn or participate in the writing of the screenplay, “This TV series should only be considered as a work of fiction.”

A subsequent declaration from the Versaces, released on Wednesday, proclaims: "Gianni Versace was a brave and honest man. Of all the possible portrayals of his life and legacy, it is sad and reprehensible that the producers have chosen to present the distorted and bogus version ”

Regardless of an absence of Versace-authorization for the book upon which the series is based – Maureen Orth’s 2000 title Vulgar Favors: Andrew Cunanan, Gianni Versace, and the Largest Failed Manhunt in U.S. History – and in lieu of cooperation from the Versaces for the FX series (as indicated by their not one – but two – statements on the matter), the much-anticipated series has a fast-approaching debut date: January 17.

Much has been made of the series thus far; from the casting (Edgar Ramirez as Versace, Darren Criss as Cunanan and Penelope Cruz as Donatella Versace; Cruz says she had a “had a long conversation” with Ms. Versace prior to accepting the role) to the lack of casting (Donatella’s daughter Allegra will not be depicted; she was reportedly removed after demands from Donatella).

However, what has not been discussed, particularly in light of what appears to be increasing animosity from the Versace camp, is the legality of such an unauthorized rendition of the life and death of Gianni Versace.

Is This Legal?

Given the family’s bold statements distancing itself from the soon-to-air series, you may be asking, how – exactly – were writer and executive producer Tom Rob Smith and director/producer Ryan Murphy able to pull this off, legally? How were they able to avoid anticipatory litigation from the Versace family in an attempt to block the making of the series? And how are they not facing a lawsuit now after the series has been preliminarily viewed and reviewed by the press?

The answer is relatively simple (or as simple as the law can ever really be): The First Amendment, the constitutional doctrine that declares that “Congress shall make no law … abridging the freedom of speech, or of the press.”

In much the same way as authorized or unauthorized biographies enjoy strong First Amendment protections in the U.S., so, too, do biographic television or film works. These protections provide a publisher (or television network) with the ability to disseminate “newsworthy” material, including“entertainment materials concerning interesting aspects of a well-known individual’s identity,” as long as there is a  reasonable relationship between the person’s identity and the subject of the story. First Amendment protections tend to be so strong that even “the famous Vietnam-era Pentagon Papers case failed though the government asserted that publication of the Defense Department’s documents jeopardized national security,” per the Chicago Tribune.

While we do not have a U.S. military-level case on our hands, of course, we have matter of “public interest,” since the late Mr. Versace was certainly a public figure, and as professor Brian L. Frye of the UK College of Law in Kentucky tells TFL, “Even a quasi-news docudrama is the kind of factual reporting that states cannot prohibit without running afoul of the First amendment.”

Frye notes that “the fact that the series is ‘unauthorized’ is just irrelevant. While people like to talk about acquiring ‘life rights’ [to portray someone in film or television], there is really no such thing.“ This is really just "an agreement not to sue for defamation,” per Frye, which is also irrelevant here since “you cannot defame a dead person.”

In any case, Frye says, “Gianni Versace was surely a public figure, especially in this context, so [the Versace family] would have to show knowing falsehood [on behalf of FX to prevail on such a claim].” The likelihood of that? Slim at best, given to “heavily researched and authenticated” nature of Orth’s book, according to a joint statement from producers Fox 21 Television Studios and FX Productions.

Right of Publicity?

Where the Versace family could fins some luck in toppling the FX series is in a right of publicity claim, according to Frye. The right of publicity is a legal doctrine that gives individuals – or their estates, in some states (such as Florida), if the individual at issue is deceased – considerable exclusive control over the commercial use of their name, likeness and other identity attributes. As for how strong of a case the Versace clan has here, it is probably slim, at best.

First of all, in order to make a case for a right of publicity violation, the use at issue must be “commercial” – i.e. an effort solely to sell a product or a service.  This is distinct from an “editorial” or “literary” use. As a result, "writers can write, and film makers are free to make movies about historical figures and events without violating the publicity rights of the subjects,” states First Amendment/media attorney Jack Greiner.

And this is exactly what is at play here. As Frye points out, “Versace is the subject of this series, not a vehicle for endorsing it,” which is relevant because one of the core aims of right of publicity laws (which vary by state) is to guard famous individuals from having their identities or likenesses used to sell or promote a product or service without their authorization.

With this in mind, FindLaw aptly notes that even these publicity rights are trumped by the First Amendment. “Unauthorized biographies [and their on-screen counterparts] are protected by the First Amendment because the right of publicity cannot be used to stifle undesired discussion and legitimate commentary on the lives of public persons.”

After all, without such protections, Greiner posits, "How would anyone write a book or a film in any way critical of anyone if the author had to obtain the subject’s permission before publication?”

This is all to say that if the Versace family does not like the theme – or treatment – of the subject of its latest installation of the American Crime Story series, they do not have to watch it.

As Controversy Mounts Over Versace Crime Story, Is it Legal?

The Men at the Assassination of Gianni Versace Premiere Were as Ridiculously Well-Dressed as You’d Expect

If January’s relentless cold has you feeling like staying in every night, the silver lining is that there is plenty of irresistible TV to consume right now—like the The Bachelor, Black Mirror, and soon enough, The Assassination of Gianni Versace: American Crime Story. The cast attended the premiere of the show in Los Angeles yesterday and while none actually wore Versace (the family doesn’t approve), they certainly nodded in that direction with their clothes. Penelope Cruz wore a red velvet number by Stella McCartney that was very high on drama, and the men? Well, they brought just as much going-out flavor to the table. But it worked. Really well, in fact. It’s almost enough to make you want to start going out again. Almost. Here’s what they wore and why we liked it.

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Jewel Tones

Edgar Ramirez and Finn Wittrock doubled down on deep, dark, slightly mysterious color, and wisely kept their accessories to a minimum. And they did this in two different, equally sound ways. Ramirez stuck with one color, varying up the hues in his tie and shoes so nothing felt too matchy-matchy. Wittrock, meanwhile, mixed two almost-black tones for the slickest spin on color-blocking ever.

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Turtleneck Knits

GQ creative director-at-large Jim Moore will be the first man to tell you: the black turtleneck is the easiest way to upgrade any suit. Here, Matt Bomer shows a sophisticated way to wear the Gianni Versace-approved staple, while Darren Criss turned up the volume with an abstract floral jacket.

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Fluid Fabrics

Don’t have the cash for a burgundy suit, or the…gravitas to pull off a black turtleneck? Allow Harris Dickinson (who isn’t in the show but is a style up-and-comer we’ve had our eye on) and Ricky Martin (definitely in the show) to present a third option for looking fly on your next night out: adding some beach-weight fabric to your look. If you’re under 35 make it a breezy printed shirt like Dickinson, if you’re over 45 make it a sophisticated evening scarf like Martin.

The Men at the Assassination of Gianni Versace Premiere Were as Ridiculously Well-Dressed as You’d Expect

Darren Criss Is the Season’s New Song + Dance Serial Killer

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Turns out, you don’t need to be of the screen or stage to be an actor. Case in point: Andrew Cunanan. In the pilot of FX’s “The Assassination of Gianni Versace: American Crime Story” alone, we see the 27-year-old slip in and out of elaborate personae and biographical fabrications like a Versace model changing before the runway. Was Cunanan really warding off Gianni Versace’s advances at a San Francisco club in 1990 (as he tells his friends), or was he the young stranger groveling for the fashion designer’s attention with boldfaced flattery and stories of the old country? Did he really work on his military pilot father’s pineapple plantation in the Philippines before moving to America for “the very best education” money could buy, or was he, as showrunner Ryan Murphy tells it, abused as a child and “groomed to inhabit this ‘American Dream’ that in his own family turned out to be a huge lie”? 

While we now know the latter of both cases to be true, Cunanan wore his stories well, fooling Versace and others he encountered along the way. “I tell people what they need to hear,” he tells a male lover in the series’ first hour with chilling matter-of-factness. 

Even Darren Criss, who stars as Cunanan in Season 2 of the Emmys-sweeping true crime anthology series, can’t help but admit that Cunanan’s innovation at times rivaled that of the fashion mogul’s. “[The show has] done a really good job of paralleling these two brilliant men, who are for obvious reasons very different,” Criss says. “Brilliance takes all shapes and sizes, and execution—no pun intended—varies and changes.” 

The fact that a character like Cunanan was also a sociopathic spree killer—best known for assassinating Versace in 1997 before taking his own life a week later—is just the cherry on top of the young actor’s most formidable and emotionally demanding role yet. 

Cunanan’s murderous tendencies aside, his gift for storytelling is mirrored in the man playing him. During a December interview over coffee in Brooklyn’s Williamsburg neighborhood, Criss peppers in asides: “That’s a whole other story in and of itself” or “That’s a whole other hour, we won’t go there.” But the thing is, Criss—especially for actors—has quite the story to tell. 

As a talent who rose from “Harry Potter” parody fame to become a standout supporter on “Glee,” a replacement in Broadway’s “How to Succeed in Business Without Really Trying,” and “Hedwig and the Angry Inch,” and now a leading role on what he admits is “a pretty hot show [with] a lot of buzz attached to it,” the first piece of advice Criss has for any actor is to embrace an entrepreneurial spirit. He began his career in his native San Francisco at a very young age, first performing professionally at age 10 at the locally esteemed 42nd Street Moon theater company and as part of the American Conservatory Theater’s Young Conservatory program. 

“That, to me, was where it all kind of got fostered,” he says. “And of course I did high school theater. The real backbone is high school theater.” (One of his favorite talking points with a new acquaintance is “[Tell me] what shows you were in, and I’ll try to guess what parts you played.” It’s a game he quickly proves adept at over the course of our meeting.) 

Criss’ acting roots took him to the University of Michigan, where he received his BFA in theater performance—and by his senior year, fans were recognizing him on the street for an extracurricular student project gone viral. Featuring music and lyrics by Criss and A.J. Holmes, “A Very Potter Musical” was a comedic riff on J.K. Rowling’s beloved fantasy series that starred Criss as the titular teen wizard. It began as the sort of one-off “silly shit” that many a musically inclined theater student might create in his four years on campus. But when filmed in the university’s black box theater and pushed online at the advent of social media, “A Very Potter Musical” became somewhat of a subculture phenomenon among fans of the magical franchise. 

“That’s kind of what changed everything, because after graduating, this thing that was just a fun story that we did our senior year became immortalized on an alternate platform,” Criss says. “That small, scrappy thing took on a life of its own, and from the unexpected success of that show, we became a theater company.” Founded in 2009 and set on “creating accessible, quality theater for the modern era,” StarKid Productions exists in Chicago’s vibrant theater scene to this day. 

“It was the first point that anybody had acknowledged something that I had done without knowing me in a personal way,” Criss recalls. “It was my first brush with ‘being known.’ ” 

While a desire for fame or recognition hardly seems of high value for Criss (“I take my work very seriously, but I don’t take myself seriously at all”), it’s a push-pull relationship between the public and private that certainly informed his take on Cunanan. Versace’s killer was obsessed with the rich and famous and had dreams of making his own way into society’s upper echelons. All of his lies were intended to make him appear better than he was. Within that, there was an underlying desperation to every move he made. “The Assassination of Gianni Versace” is in part meant to explore how that desperation came to be. 

“I wasn’t interested in doing the boogeyman serial killer,” Murphy says by phone. “Cunanan was not a person who tortured pets and animals as a child. So the question is, then, how did he become a psychopath?”

The No. 1 question people ask Criss about playing Cunanan also comes back to its natural, psychopathic emotional heft: “Is it crazy to be in a dark place?” While the role does require a certain level of brutality and psychiatric unease, the actor has two things to say to that. First is that it’s “no crazier than being a cisgender, heterosexual 20-something playing a gay singing teenager,” as he did on Fox’s “Glee,” also from Murphy. In other words, he’s embodying a character. “I’m not playing myself,” he says, “but you have access to emotions that those people go through, and you find as many common denominators as possible.” And second is that we all may be surprised by Cunanan’s less obvious, more human characteristics. 

“We know Andrew was made famous by horrible things, but we don’t really know a lot about his life and who he was,” Criss says. “He was a really joyous, likable, affable, energetic young man…. You really question at what point could this have been you or any of us or anybody we know and love? Are we as awful as the worst thing we’ve ever done?”

Upon a bit of self-reflection, Criss says it’s that ever-present dichotomy of right and wrong, friend and foe, that keeps him acting in the first place. 

“That’s probably why I like acting so much: It bends people’s sense of empathy for the human experience,” he says. “I’m excited for people to experience something [with this show]. I don’t think people really know what’s coming, and that excites me endlessly.”

Something New

Darren Criss insists that despite his credits, he “kind of fell into musical theater by bizarre providence” and that he still views himself as “the actor who sings, not the singer who acts.” That made the opportunity to tap into the psyche of a murderer for nine hours of prestige TV all the more appealing. Ryan Murphy, for one, knew Criss had it in him all along. “The only person in the world who could play Andrew Cunanan is Darren Criss,” the creator says. “For several reasons: One is the obvious correct ethnicity. I thought that was very important to get that right. It would be a disservice to cast an Italian-American as a Filipino-American. But the other thing that was important to me is that I knew that it was going to be a very big, Shakespearean role. I don’t think that there’s going to be a bigger role on television next year in terms of difficulty. It’s him going through the deepest sociopathic impulses and emotional problems. I just thought that Darren is prime. He’s just turning 30 [and] I think that he’s ready to graduate to more difficult material and really try something hard…. I think people will be surprised and startled by his performance and excited because it’s the announcement of something new in his life.”

Darren Criss Is the Season’s New Song + Dance Serial Killer

rodnerfigueroa: En personaje!!! Caracterizando a Israel Sands en #acsversace el dueño de la famosa floristería Flowers & Flowers en Lincoln Road en la década de los 90. Amigo de Gianni Versace quien adornaba su mansión Casa Casuarina y quien le llevó su último arreglo de flores cuando el diseñador fue asesinado el 15 de Julio de 1997. Un papel diminuto en la serie pero que me dio la oportunidad de ser parte de esta magnífica experiencia y de formar parte de esta serie junto a un grupo de estupendos actores a los que admiro y respeto. #rodnerfigueroa #versace

In character!!! Characterizing Israel Sands in #acsversace the owner of the famous Flowers & Flowers florist on Lincoln Road in the 90s. Friend of Gianni Versace who adorned his Casa Casuarina mansion and who brought him his last flower arrangement when the designer was killed July 15, 1997. A small role in the series but that gave me the opportunity to be part of this magnificent experience and to be part of this series with a group of great actors who I admire and respect. #rodnerfigueroa #versace

Versace Family Slams ‘American Crime Story’ in Second Statement

The Versace family has issued a second statement in response to the upcoming season of The Assassination of Gianni Versace: American Crime Story.

The family first issued a statement earlier in the week, breaking their silence on the portrayal of Gianni Versace‘s murder. FX responded with their own statement.

“As we have said, the Versace family has neither authorized nor had any involvement whatsoever in the forthcoming TV series about the death of Mr. Gianni Versace, which should only be considered as a work of fiction. The company producing the series claims it is relying on a book by Maureen Orth, but the Orth book itself is full of gossip and speculation. Orth never received any information from the Versace family and she has no basis to make claims about the intimate personal life of Gianni Versace or other family members. Instead, in her effort to create a sensational story, she presents second-hand hearsay that is full of contradictions,” the statement, provided to Just Jared, began. “As just one example, Orth makes assertions about Gianni Versace’s medical condition based on a person who claims he reviewed a post-mortem test result, but she admits it would have been illegal for the person to have reviewed the report in the first place (if it existed at all). In making her lurid claims, she ignores contrary information provided by members of Mr. Versace’s family, who lived and worked closely with him and were in the best position to know the facts of his life.”

“Gianni Versace was a brave and honest man, who engaged in humanitarian work for the benefit of others. Of all the possible portrayals of his life and legacy, it is sad and reprehensible that the producers have chosen to present the distorted and bogus version created by Maureen Orth. The Versace family will issue no further comment on the matter,” the statement concluded.

Versace – starring Edgar Ramirez, Penelope Cruz, Darren Criss, and Ricky Martin – premieres on FX on January 17.

Versace Family Slams ‘American Crime Story’ in Second Statement

michaelbecker88: Excited to have worked on the marketing shoot for @mrrpmurphy’s second season of @americancrimestoryfx The Assassination of Gianni Versace. The incredibly talented @judithlight plays Marilyn Miglin. Judith came to set while we were still pre-lighting and asked if she could be the stand-in! Always a highlight working with the amazing @fxnetworks art department. Be sure to check it out on #fx !#versace#ryanmurphy #americancrimestory#judithlight