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Florida Federal Court Dismisses Book Author's Publicity and Privacy Claims

The U.S. District Court for the Southern District of Florida dismissed right of publicity and invasion of privacy claims over unauthorized use of the plaintiff's image in conjunction with materials from his collection of photos of members of Cuba's Castro regime on the defendants' Maria Elvira Live TV show, on their Web site and in YouTube clips. Fuentes v. Mega Media Holdings Inc., 09-22979-CIV. District Judge Federico A. Moreno noted of book author Norberto Fuentes's right of publicity claim, under Fla. Stat. '540.08, that “there are a number of Florida cases that hold the use of one's name, likeness, portrait or photograph, whether in a news report, television show, play, novel, or the like is not actionable unless the individual's name or likeness is used to directly promote a commercial product or service, separate and apart from the publication.” As for invasion of privacy under Fla. Stat. '540.08, the district judge explained that “the publication here, the Maria Elvira Live show, is a television program intended to entertain and/or inform the public. There is no allegation that Mr. Fuentes's name and likeness was used to promote some other product or service on the show.” A copyright claim was still in play in the case

No Access Shown By Plaintiff in Copyright Infringement Action over TV Shows

The U.S. District Court for the District of Massachusetts granted a defense motion to dismiss a copyright suit by a book author over the Journeyman and other TV series. Feldman v. Twentieth Century Fox Film Corp., 09-10714. Plaintiff Debra Feldman alleged that the defendants' TV shows violated, among other things, the copyrights in her time-travel books, The Overlap Series. But District Judge Douglas P. Woodlock observed: “Plaintiff suggests several theories of access. First, she alleges that defendants may have heard about her books when, in 2005, she appeared on a local late-night [Boston] radio show, WBZ's Jordan Rich Show. Her Web site was announced during the show.” But Judge Woodlock concluded that Feldman “has offered no evidence of widespread dissemination of her books or of the local radio show, and no other evidence to support her claims of access. Plaintiff has failed to allege facts sufficient to demonstrate a reasonable opportunity of access to her Overlap Series books, and therefore cannot prove actual copying.” The district judge also noted: “Of the various elements of the Overlap Series Plaintiff claims Journeyman, Grey's Anatomy, Private Practice, Eli Stone, All My Children, and Cupid copied, none are copyrightable.”

Plaintiff's Counsel Lacked Authority to Settle Suit over TV Series

The U.S. Court of Appeals for the First Circuit decided that a district court erred in finding that an attorney for a copyright plaintiff had actual or apparent authority to enter into a settlement of a suit against the Cartoon Network and Turner Broadcasting. McGee v. Cartoon Network Inc., 10-1070. Timothy McGee had claimed that an animated TV series violated his copyrights and other intellectual property rights. The U.S. District Court for the District of Massachusetts granted the defendants' motion to enforce a settlement of the suit. But vacating the lower court's grant, the appeals court stated in an unpublished opinion: “The district court's reliance upon the fact that McGee's attorney was the attorney-of-record on this matter is misplaced. ' And the fact that McGee and his attorney may have discussed and agreed upon one of the material terms [i.e., a payment from the defendants of $12,000] of a preliminary settlement offer is not sufficient to establish that McGee authorized him to enter a final settlement agreement where other material terms [such as author's credit and rights in the copyrights] had not been agreed upon.”

Florida Federal Court Dismisses Book Author's Publicity and Privacy Claims

The U.S. District Court for the Southern District of Florida dismissed right of publicity and invasion of privacy claims over unauthorized use of the plaintiff's image in conjunction with materials from his collection of photos of members of Cuba's Castro regime on the defendants' Maria Elvira Live TV show, on their Web site and in YouTube clips. Fuentes v. Mega Media Holdings Inc., 09-22979-CIV. District Judge Federico A. Moreno noted of book author Norberto Fuentes's right of publicity claim, under Fla. Stat. '540.08, that “there are a number of Florida cases that hold the use of one's name, likeness, portrait or photograph, whether in a news report, television show, play, novel, or the like is not actionable unless the individual's name or likeness is used to directly promote a commercial product or service, separate and apart from the publication.” As for invasion of privacy under Fla. Stat. '540.08, the district judge explained that “the publication here, the Maria Elvira Live show, is a television program intended to entertain and/or inform the public. There is no allegation that Mr. Fuentes's name and likeness was used to promote some other product or service on the show.” A copyright claim was still in play in the case

No Access Shown By Plaintiff in Copyright Infringement Action over TV Shows

The U.S. District Court for the District of Massachusetts granted a defense motion to dismiss a copyright suit by a book author over the Journeyman and other TV series. Feldman v. Twentieth Century Fox Film Corp., 09-10714. Plaintiff Debra Feldman alleged that the defendants' TV shows violated, among other things, the copyrights in her time-travel books, The Overlap Series. But District Judge Douglas P. Woodlock observed: “Plaintiff suggests several theories of access. First, she alleges that defendants may have heard about her books when, in 2005, she appeared on a local late-night [Boston] radio show, WBZ's Jordan Rich Show. Her Web site was announced during the show.” But Judge Woodlock concluded that Feldman “has offered no evidence of widespread dissemination of her books or of the local radio show, and no other evidence to support her claims of access. Plaintiff has failed to allege facts sufficient to demonstrate a reasonable opportunity of access to her Overlap Series books, and therefore cannot prove actual copying.” The district judge also noted: “Of the various elements of the Overlap Series Plaintiff claims Journeyman, Grey's Anatomy, Private Practice, Eli Stone, All My Children, and Cupid copied, none are copyrightable.”

Plaintiff's Counsel Lacked Authority to Settle Suit over TV Series

The U.S. Court of Appeals for the First Circuit decided that a district court erred in finding that an attorney for a copyright plaintiff had actual or apparent authority to enter into a settlement of a suit against the Cartoon Network and Turner Broadcasting. McGee v. Cartoon Network Inc., 10-1070. Timothy McGee had claimed that an animated TV series violated his copyrights and other intellectual property rights. The U.S. District Court for the District of Massachusetts granted the defendants' motion to enforce a settlement of the suit. But vacating the lower court's grant, the appeals court stated in an unpublished opinion: “The district court's reliance upon the fact that McGee's attorney was the attorney-of-record on this matter is misplaced. ' And the fact that McGee and his attorney may have discussed and agreed upon one of the material terms [i.e., a payment from the defendants of $12,000] of a preliminary settlement offer is not sufficient to establish that McGee authorized him to enter a final settlement agreement where other material terms [such as author's credit and rights in the copyrights] had not been agreed upon.”