DE HAVILLAND v. FX NETWORKS, LLC

No. B285629.

21 Cal.App.5th 845 (2018)

OLIVIA DE HAVILLAND, Plaintiff and Respondent, v. FX NETWORKS, LLC, et al., Defendants and Appellants.

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

March 26, 2018.


Attorney(s) appearing for the Case

Munger, Tolles & Olson, Glenn D. Pomerantz , Kelly M. Klaus , Fred A. Rowley, Jr. , and Mark R. Yohalem for Defendants and Appellants.

Horvitz & Levy, Frederic D. Cohen and Mark A. Kressel for Motion Picture Association of America, Inc., and Netflix, Inc., as Amici Curiae on behalf of Defendants and Appellants.

Davis Wright Tremaine, Kelli L. Sager and Rochelle L. Wilcox for A&E Television Networks, LLC, Discovery Communications, LLC, Imperative Entertainment, LLC, Urban One, Inc., Critical Content, LLC, Reporters' Committee for Freedom of the Press and First Amendment Coalition as Amici Curiae on behalf of Defendants and Appellants.

Jennifer E. Rothman and Eugene Volokh for Intellectual Property and Constitutional Law Professors as Amici Curiae on behalf of Defendants and Appellants.

Daniel K. Nazer for Electronic Frontier Foundation, Organization for Transformative Works and Wikimedia Foundation as Amici Curiae on behalf of Defendants and Appellants.

Jack Lerner , UCI Intellectual Property, Arts, and Technology Clinic for International Documentary Association as Amicus Curiae on behalf of Defendants and Appellants.

Howarth & Smith, Don Howarth , Suzelle M. Smith and Zoe E. Tremayne for Plaintiff and Respondent.

Duncan W. Crabtree-Ireland and Danielle S. Van Lier for Screen Actors Guild-American Federation of Television and Radio Artists as Amicus Curiae on behalf of Plaintiff and Respondent.


OPINION

Authors write books. Filmmakers make films. Playwrights craft plays. And television writers, directors, and producers create television shows and put them on the air — or, in these modern times, online. The First Amendment protects these expressive works...

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