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State-Law Claims Over TV Footage Are Dismissed
The U.S. District Court for the Southern District of New York dismissed state-law claims brought over the TV broadcast of a 37-second clip of plaintiff Jonathan E. Smith, an animal trainer, being attacked by orca whales at Sea World and a segment of Smith discussing the attack in a later interview. Smith v. NBC Universal, 06 Civ. 5350(SAS).
Examining the state-law claims under the law of California, where Smith originally filed suit, the Manhattan federal court found of the airing on the Sci-Fi Channel of an episode of 'The Extraordinary' that included the footage of Smith.
Intrusion into private affairs: 'Smith could not have a reasonable expectation of privacy in a video that he had previously licensed for broadcast on national television.' [Smith owned the copyright in the whale-attack video, which he had licensed to the TV show 'A Current Affair,' but not in the interview he had given 'A Current Affair.']
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