News & Analysis as of

Anti-SLAPP Film Industry

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

McDermott Will & Emery

Ninth Circuit Purges Anti-SLAPP Motion for Contract Claims

In an action involving the popular film series The Purge, the US Court of Appeals for the Ninth Circuit affirmed a district court denial of the defendants’ anti-SLAPP motion, holding that the plaintiff’s breach of...more

Weintraub Tobin

When Is Making A Movie Not An Act Of Free Speech?

Weintraub Tobin on

I admit that the title of this article may be a bit deceiving. Making films, like any other production of art, is almost always an act of free speech. However, the Ninth Circuit was recently faced with a dilemma of...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....

McDermott Will & Emery on

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...

Fenwick & West LLP on

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

Kelley Drye & Warren LLP

That’s TheWrap: A Change In California Law To Protect Online Media Publications

Kelley Drye & Warren LLP on

A dispute involving an online media publisher has prompted California’s Legislature and Governor Jerry Brown to revise California’s libel law, in an effort to protect such publishers. California’s Civil Code Section 48a...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

Davis Wright Tremaine LLP

Screenwriter SLAPPs Down Libel-in-Fiction Claim

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

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