Published On: Wed, Aug 27th, 2014

Bio Pic ‘Lovelace’ Does Not Violate ‘Deep Throat’ Copyright

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A federal judge has decided that the bio pic of Linda Lovelace, star of the classic porn film “Deep Throat, ” does not violate copyright  or trademark rights of the groundbreaking pornographic film. Weinstein Co.’s 2013 film “Lovelace” is an intimate portrait of the life of the porn star, but Arrow Ponds, which owns the rights to Deep Throat, released in 1972, argued some of the scenes in “Lovelace” had dialogue taken verbatim (when there were words) as well as costumes (where there were costumes), camera angles and situations directly lifted from the infamous original.

U.S. District Judge, Thomas Griesa, ruled that “Lovelace” was “entitled to presumption of fair use.” The use of three scenes mirroring those in “Deep Throat”, including one that was seminal, added “a new critical perspective on the life of Linda Lovelace and the production of ‘Deep Throat.”

After much viewing of the two films and thorough consideration, Judge Griesa concluded that filmakers, “did not copy any more than necessary to achieve its creative purposes.”

 

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