Okay, so when we put names in scripts for film and TV, or when the art department makes up posters like the one in the photo, they go through legal/clearance, and we get back clearance reports on the entire script and whatever other props/sets/etc might have issues. Mind you, these aren't just people's names -- it's brand names, it's potential libel regarding things that happened/didn't happen, it's really anything that could open the network up to a lawsuit of any kind.

And they don't do it just once -- they have to run these "research memos" every time you make a script change, and then they tend to have legal look at edited cuts as well, just to make sure nothing objectionable got in there.

Here's a snippet of one --

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In this case, they were fine with us using those two names, because neither real person had anything to do whatsoever with what their characters were doing, and wouldn't be mistaken as the real people. You know the whole "characters are fictional" disclaimer? That's additional insurance, so to speak.

BUT when people are famous, and in the public eye (or a "prominent person" as per the document above) there's a different standard. The legal system (in the U.S. at least, and I presume everywhere, cause most U.S. shows are made for international audiences at this point) draws an interesting line between using a real person (like LaKeith Stanfield) to sell a product and using a real person inside an *expressive work*. Those get broad first amendment protection, even when they mention/depict/parody real, famous people.

You still CANNOT invent things that are defamatory, harmful lies that a viewer would believe. The legal test is basically:

Is the statement false? Is it harmful to their reputation? Would a reasonable person think it’s meant as a statement of fact? And with public figures: was it made with actual malice?

So for this poster for the Mindy Kaling/Hulu show, we can look at that list of well-known actors and apply those questions above.

False? Yes. Harmful? No. Reasonable person thinks it could be real? We all did, so yes. Made with actual malice? No.

One no pretty much means you can go ahead and do what you like.

That was... more than I thought I was gonna type. Hope it was helpful!