Hello All,
Last month, the Wikimedia Foundation joined the Electronic Frontier
Foundation <https://www.eff.org/> and the Organization for Transformative
Works <http://www.transformativeworks.org/> in signing an amicus brief
<https://www.eff.org/files/2018/01/25/eff_otw_and_wikimedia_foundation_amicus_brief_-_de_havilland_v_fx.pdf>
in the case of de Havilland v. FX
<https://www.eff.org/deeplinks/2017/10/courtroom-feud-leaves-accurate-speech-about-celebrities-unprotected>.
This case, currently before the California Court of Appeal, has the
potential to be very consequential for free expression and First Amendment
rights.
This case arises from a dispute over rights of publicity
<https://en.wikipedia.org/wiki/Personality_rights> relating to the
docudrama series Feud: Bette and Joan, which was produced by the US cable
channel FX. The docudrama is a dramatic interpretation of the famous feud
between actresses Joan Crawford and Bette Davis. Olivia de Havilland is an
actress who is portrayed in the docudrama by actress Catherine Zeta-Jones.
De Havilland sued FX, claiming that they did not ask her permission before
portraying her in the series, and also making arguments about elements of
the portrayal.
The initial ruling in this case sets a disturbing precedent; essentially,
the court found that de Havilland is entitled to damages from FX because
she does not agree with the accuracy of her portrayal in the docudrama.
This decision could have serious negative implications for any portrayal or
depiction of a person that is even mildly critical. This could include a
Wikipedia page on living persons, or other fact-based works. This could
also chill expression on smaller projects that do not have the resources to
defend themselves against litigation, such as independent films or
publishing websites.
Free expression, and the right to discuss information about historical
figures and notable people, is fundamental to the dissemination of free
knowledge. By joining this amicus brief, we are adding our voice to the
defense of that right for all creators, big or small.
Best,
Jan
==
Jan Gerlach
Public Policy Manager
Wikimedia Foundation
1 New Montgomery Street, Suite 1600
San Francisco, CA 94104
jgerlach(a)wikimedia.org
@pd_w <https://twitter.com/pd_w>
@wikimediapolicy <https://twitter.com/wikimediapolicy>
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