Re: Rights in real characters

From: Cumbow,Robert-SEA <CUMBR[_at_]perkinscoie.com>
Date: Thu, 07 Aug 97 15:11:00 PDT

On Clinton in "Contact," Neil Netanel <nnetanel[_at_]mail.law.utexas.edu> wrote:
>
> Making someone appear to say something he or she didn't really say in a
> manner that harms that persons reputation would give rise to a cause of
> action for defamation.

Since defamation requires a false statement of fact, a distortion of this kind would more likely give rise to an action for portrayal in a false light rather than for defamation. Even without the "public figure" complication, I think it would be awfully difficult to show that this use of footage of the President met the elements of a defamation claim.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Thu Aug 07 1997 - 22:12:42 GMT

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