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Filmed Conversation with Celebrity

By Judith L. Grubner

The U.S. Court of Appeals for the Seventh Circuit recently found that a woman who appears on camera for 16 seconds in an 82-minute documentary film about Joan Alexandra Molinsky Sanger Rosenberg (more commonly known as the comedian Joan Rivers), does not have a right to sue for invasion of privacy and misappropriation of her image under the Wisconsin Right of Privacy statute. Bogie v. Rosenberg, No. 12-1923 (7th Cir. Jan. 17, 2013).

Ann Bogie attended a stand-up comedy performance by Rivers at the Lake of the Torches Casino in Lac du Flambeau, WI. During the performance, Rivers told a joke about Helen Keller that offended an audience member whose son was deaf. The performance was filmed for inclusion in a documentary about Rivers. When the audience member heckled Rivers, their exchange was filmed for the documentary. Right after the show, Rivers left the stage for a backstage area closed to the general public. Bogie also went backstage to have Rivers autograph a copy of Rivers' book. Bogie and Rivers had a short conversation in which Bogie spoke harshly about the heckler, and Rivers expressed sympathy for him. Several other people were present within a few feet of Bogie and Rivers during the exchange, including the film crew.

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