Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Court Dismisses Privacy Lawsuit Against Joan Rivers
Author: Scarinci Hollenbeck, LLC
Date: January 25, 2013
Key Contacts
Back
Privacy Lawsuit Dismissed
Joan Rivers is not always known for her tactful language and political correctness, but a recent appeals court sided with the comedian in a recent privacy lawsuit brought on by fan who attended a show that appeared in Rivers’ 2010 documentary.
The plaintiff, Ann Bogie, was filmed having a discussion with Joan Rivers during the autograph session of the show backstage, and ultimately filed suit after the 16-second clip appeared in the “Joan Rivers: A Piece of Work” documentary, arguing that she had a reasonable expectation of privacy. The documentary features a show in Wisconsin, during which the 76-year-old made a Helen Keller joke that offended an audience member, who interrupted the show to remark that his son was deaf and he found the quip offensive.
“Oh please, you are so stupid,” Rivers said. “Comedy is to make everybody laugh at everything and deal with things. You idiot.”
Backstage following the encounter, Bogie told Rivers she “had never laughed so hard in her life,” and called the heckler in the audience a “rotten guy.” When the clip appeared in the documentary, Bogie sued Rivers and said the surprise appearance in the film misappropriated her image and violated her privacy. The 7th Circuit Court of Appeals upheld a lower court decision that dismissed Bogie’s privacy claims and asserted that no person could have a reasonable expectation of privacy in a backstage area.
“Assuming that Bogie was invited backstage, that would not advance her claim of a reasonable expectation of privacy,” Judge David Hamilton wrote for the panel. “The film shows that any such invitation was to obtain a backstage autograph from a celebrity in the presence of several security personnel and a film crew. No reasonable person would expect privacy in that situation.”
This is not the first time audience members that have appeared in documentaries have brought privacy suits against celebrities. Several people who appeared in a number of Sacha Baron Cohen films, including Borat, sued the actor and argued that he violated several provisions of entertainment law. However, nearly all of these plaintiffs lost their lawsuits.
- Industries: Entertainment & Media
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Navigating Director and Officer Liability in Times of Financial Distress
Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey
For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract
Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton
Can You Own Part of a New Jersey Business Without a Written Agreement?
Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One
For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.