Avoiding having to go to trial to defend the right of creators of docudramas, fiction, and "expressive works" to include actual persons in their works, the California Court of Appeal (2d District), reversing the trial judge, has dismissed all of Olivia de Havilland's claims against the miniseries "Feud" Most importantly, it dismissed the right of publicity claims based on First Amendment protection of expressive works from any such claims. In basing its ruling on the First Amendment, the precedential value of the decision goes beyond California law. Its reasoning should be found compelling by other courts confronted with efforts to expand the right of publicity to preclude expressive works.
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