Owners of the rights to the legendary pornographic film "Deep Throat" have lost their $10 million lawsuit against The Weinstein Company. A year ago, Arrow Productions Ltd. accused the studio and producers of Linda Lovelace 2013 biopic "Lovelace" of copyright infringement.
Arrow Productions, which attempted to block the movie from being released on theaters last year, said three scenes from "Lovelace" copied "Deepthroat" including the "opening scene in 'Deep Throat', where Lovelace is filmed driving down the road in her Cadillac."
On Tuesday, June 26, U.S. District Judge Thomas Griesa dismissed the case at the federal court in Manhattan, concluding that the recreation constituted fair use under federal copyright law. That is adding "something new, with a further purpose or different character, altering the first with new expression, meaning, or message."
Griesa wrote, " 'Deep Throat' is a pornographic film containing seventeen scenes of explicit sexual content. Conversely, 'Lovelace' is a critical biographical film that documents the tragic story of Linda Lovelace and provides a behind-the-scenes perspective on the filming of 'Deep Throat'. It does not contain any nudity. Defendants have recreated the three challenged scenes in order to focus on a defining part of Lovelace's life, her starring role in 'Deep Throat'."
Arrow Productions' other claims that the producers stole the trademarks "Deep Throat" and "Linda Lovelace" were also dismissed. The company will do a review of the court decision and consider an appeal.
Starring Amanda Seyfried in the titular role, "Lovelace" debuted at 2013 Sundance Film Festival before opening in limited theaters that year.