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 U.S. District Judge Thomas Griesa in the federal court in
Manhattan, in a ruling made public Tuesday, dismissed Arrow
Productions Ltd's $10 million lawsuit against the producers of
the film, starring Amanda Seyfried, and its distributor, The
Weinstein Company.
The ruling came more than a year after the judge previously
declined to block the release of "Lovelace," an R-rated
biographical film detailing the life of "Deep Throat" star Linda
Lovelace.
While Arrow Productions complained that "Lovelace" copied three
key scenes from the 1972 film, Griesa concluded that the
recreation constituted fair use under federal copyright law.
"Here, the court finds that defendants' use, or recreation, of
the three scenes from 'Deep Throat' constitutes transformative
use, adding a new, critical perspective on the life of Linda
Lovelace and the production of 'Deep Throat,'" Griesa wrote.
The judge also dismissed other claims by Arrow, including
trademark infringement and trademark dilution. The company held
trademarks for "Deep Throat" and "Linda Lovelace."
Evan Mandel, a lawyer for Arrow Productions, said it was
"reviewing the decision and considering an appeal."
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Along with The Weinstein Company, the defendants included production
companies Millennium Films Inc and United Entertainment Inc.
Tom Ferber, the defendants' lawyer, said his clients believed
"intellectual property law, recognizing the importance of critical
biographies like 'Lovelace,' supports our position that the film
infringed no one's rights, and we are gratified that the court has
agreed with us."
"Lovelace" tells the tale of the formative years of porn star Linda
Lovelace (born Linda Boreman), played by Seyfried, her abusive
marriage to Chuck Traynor, played by Peter Sarsgaard, and her work
on "Deep Throat."
The film premiered at the Sundance Film Festival in January 2013 and
opened in limited release in the United States that August.
(Reporting by Nate Raymond in New York; Editing by Dan Grebler)
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