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POLYDOROS v. TWENTIETH CENTURY FOX FILM

No. B103309.

79 Cal.Rptr.2d 207 (1998)

67 Cal.App.4th 318

Michael POLYDOROS, Plaintiff and Appellant, v. TWENTIETH CENTURY FOX FILM CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

August 27, 1997.

Attorney(s) appearing for the Case

Nate G. Kraut, N. Hollywood, Freund & Brackey, Jonathan D. Freund and Thomas A. Brackey II, Beverly Hills, for Plaintiff and Appellant.

Wyman, Isaacs, Blumental & Lynne, Bruce Isaacs, Valerie Waldman, Karen Brodkin, Doniger & Fetter, Thomas Doniger, Henry D. Fetter, Los Angeles, Stein & Kahan, Stanton L. Stein, Marcia J. Harris and Gregory A. Nylen, Santa Monica, for Defendants and Respondents.

BOREN, Presiding Justice.

A noncelebrity sued the makers and distributors of a film called "The Sandlot" (Twentieth Century Fox 1993), claiming that the filmmakers invaded his privacy by appropriating his name and likeness. We conclude that the filmmakers' release of a patently fictional movie did not invade the plaintiffs privacy and is, in any event, protected by constitutional guarantees of free expression. Moreover, the film is not defamatory. Accordingly, we...

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