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Film Industry › First Amendment

Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

Dorsey & Whitney LLP

de Havilland vs Feud – FX Wins Round in California Court of Appeal

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It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

Kelley Drye & Warren LLP

Storytellers and Artists May Continue To Rejoice – Feud: Bette and Joan Is Fully Protected By The First Amendment

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On March 26, 2018, the California Court of Appeal filed its opinion in De Havilland v. FX Networks, LLC concerning FX’s docudrama Feud: Bette and Joan. The De Havilland opinion is yet another good one for filmmakers and...more

Fox Rothschild LLP

District Court Delivers Opinion For The Ages Striking AB 1687 As Violation Of IMDb’s First Amendment Rights

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California’s Actor-Age Censorship Law (AB 1687), which would have required IMDb.com to remove age-related information from its web pages, was declared unconstitutional by a district court last month on free speech grounds. ...more

McDermott Will & Emery

First Amendment Prevents Right of Publicity Claim Arising from Film About “Issues of a Public Nature” - Sgt. Jeffrey S. Sarver v....

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In a lawsuit involving the 2010 Oscar-winning film The Hurt Locker, the US Court of Appeals for the Ninth Circuit held that right of publicity claims arising from expressive works, including films, are in essence...more

Fenwick & West LLP

Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the...

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The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16...more

Davis Wright Tremaine LLP

Screenwriter SLAPPs Down Libel-in-Fiction Claim

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In a victory for all authors of fiction, a screenwriter of the film “What Maisie Knew” has successfully defended a lawsuit that sought to hold him liable for defamation based on the portrayal of a character drawn from an 1897...more

Davis Wright Tremaine LLP

The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for...

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Content creators of all stripes strive for realism in their depictions of the world. This is for good reason – media is more effective, and more immersive, when viewers recognize it as a reflection of the real world. Despite...more

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