Filmmaking / Directing : I don't know that I have ever seen this situation before. Have you? by Tom Lapke

Tom Lapke

I don't know that I have ever seen this situation before. Have you?

NOTE: This is not intended to be a political post, but instead focusing on the legal aspects of the production. Let's keep it that way, shall we?

Hunter Biden filed a lawsuit against Fox for a show they produced called "The Trial of Hunter Biden," which, as I understand it, is a narrative piece, not a documentary. Creative license, they have that right. But apparently, they used his actual X-rated photos in the production without his permission. So he is not suing for it being made or for defamation, but because NY has laws "restricting the nonconsensual disclosure of sexually explicit images and videos," or “revenge porn.” Have you ever heard of a mainstream production using someone's photos (explicit or not) and being sued for it?

https://deadline.com/2024/07/hunter-biden-fox-news-mock-trial-series-123...

Hunter Biden Ends Fox News Suit Over Mock Trial Series; Could Refile Later - Update
Hunter Biden Ends Fox News Suit Over Mock Trial Series; Could Refile Later - Update
Hunter Biden sued Fox News over its streaming service's mock trial series, which featured sexually explicit images of the president's son.
Jason Mirch

This would be an interesting one. Because there could also be a claim that those photos were entered into the public record during congressional testimony and therefor not "private".

Tom Lapke

Jason Mirch I was thinking the same thing, but I don't think they are allowed to make money off it, which might be the crux here.

Eon C. Rambally

OOhhhh!, ...I'll hold my tongue/comments for now! This is one to have "very careful" input, "if any"!!

Mark Deuce

A very great point Jason Mirch

Laurie Ashbourne

Even in the documentary space they would need permission unless the images were transformative enough to become new works of art.

Xochi Blymyer

In scripted shows, everything does go through legal to get approval to use photos and such. If they didn't get any agreement and just assumed, I would think it's his right to sue or get compensation and/or tell them to take it out of the show.

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