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.']

Disclosure of private facts: 'As noted above, the Video was broadcast on national television with Smith's express permission and so cannot be considered private.'

Right of publicity: 'Smith has provided no evidence to show that any of ['The Extraordinary'] Episode's Value is derived from his identity. ' The Episode featured Smith only because he happened to be the victim of the attack.'

Breach-of-contract damages against MG Perin, the distributor of 'The Extraordinary,' over violation of the settlement of a prior suit by Smith over use of attack footage: 'Smith has failed to demonstrate any economic damages and is not permitted to collect for non-economic damages. ' The Settlement Agreement does not expressly provide that it is intended to protect Smith's mental condition. ' [T]he operative question in determining Smith's [economic] damages is: What sum would be required to restore Smith to the position in which he would have been had defendants not broadcast thirty-seven seconds of his Video? Smith has offered no evidence whatsoever that indicates he has suffered any such economic damages.'

The district court went on to dismiss all claims, including copyright infringement, in the suit against NBC Universal because 'Smith has not attempted to 'pierce the corporate veil' to hold NBC liable for the activities of its partly owned subsidiary.'

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.']

Disclosure of private facts: 'As noted above, the Video was broadcast on national television with Smith's express permission and so cannot be considered private.'

Right of publicity: 'Smith has provided no evidence to show that any of ['The Extraordinary'] Episode's Value is derived from his identity. ' The Episode featured Smith only because he happened to be the victim of the attack.'

Breach-of-contract damages against MG Perin, the distributor of 'The Extraordinary,' over violation of the settlement of a prior suit by Smith over use of attack footage: 'Smith has failed to demonstrate any economic damages and is not permitted to collect for non-economic damages. ' The Settlement Agreement does not expressly provide that it is intended to protect Smith's mental condition. ' [T]he operative question in determining Smith's [economic] damages is: What sum would be required to restore Smith to the position in which he would have been had defendants not broadcast thirty-seven seconds of his Video? Smith has offered no evidence whatsoever that indicates he has suffered any such economic damages.'

The district court went on to dismiss all claims, including copyright infringement, in the suit against NBC Universal because 'Smith has not attempted to 'pierce the corporate veil' to hold NBC liable for the activities of its partly owned subsidiary.'