May 9, 2018
Partner Lee Brenner
was featured in the Bloomberg BNA Intellectual Property
article “De Havilland Asks California High Court for Review in ‘Feud’ Case,” discussing actress Olivia de Havilland’s request to have her case against FX heard by the California Supreme Court. De Havilland claims that Catherine Zeta-Jones's portrayal of her in ‘Feud: Bette and Joan’ violated her rights. The appellate court rejected her claims in March 2018 on First Amendment grounds.
Lee explained that it is unlikely for the California Supreme Court to get involved and that the California Supreme Court grants only 4 percent of review petitions. He also stated that the appeals court's ruling was well-reasoned.
“There's a reason that there's a strong First Amendment defense that's particularly applicable to artistic works like movies and television shows and docudramas,” said Lee. “These are the vehicles through which ideas are exchanged and disseminated.”
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