He suspects that the legal team at HBO took time to vet the question and concluded that the scene did not require them to get a release from the singers, and that it would not present a legal problem. “The show has other commercial appeal and they probably wouldn’t be able to do anything to stop this.”
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“People didn’t just tune in to see this one clip,” he says Scoolidge also has no first-hand knowledge and was speaking in general legal terms. Peter Scoolidge, an intellectual property attorney at Scoolidge, Peters, Russotti & Fox, LLP, concurs with Caplan’s assessment, explaining that an artist has a right of publicity that allows them to control the use of their likeness and prevent someone else from profiting from using their image for profit. Kelly begged actors Tom Cruise and John Travolta to “come out of the closet.” He notes that South Park engages in this type of parody all the time, including a 2005 episode, “ Trapped in the Closet,” during which an animated R. “To be defamatory it must be a statement of fact, such as ‘this person has broken the law repeatedly,’ but this is not a statement of fact, it’s a depiction.” “The fact is the person is having a fantasy in the show, so nobody would take what appears on the screen to be a statement of fact,” he says. More importantly, he says, the scene is clearly a parody. Specifically, he says, a number of states have found that claiming that someone is gay is no longer considered to be defamatory, though the statutes still differ on a state-by-state basis.
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#GAY SEX SCENES EUPHORIA SERIES#
“The only types of claims would be over right of publicity or defamation claims.”Ĭaplan explains that in terms of right of publicity, the images are not being used for commercial purposes - even if they appear on a pay-cable channel series - adding that there are a “number of defenses” that would make a defamation claim fail. “First of all, this is a First Amendment-protected work,” Brian Caplan, an intellectual property lawyer at the New York firm Reitler Kailas & Rosenblatt LLC tells Billboard about his assesment of the legal protections afforded this kind of parody. Caplan, who has represented the Lumineers and the estates of James Brown and George Gershwin, was speaking as a legal expert, with no first-hand knowledge of the HBO series’ internal legal deliberations. “It’s really interesting to me because I was definitely a part of that, where I wanted to escape my own life and focus on others because it was easier and felt more meaningful.Louis Tomlinson Says He Was 'Not Contacted' Over Explicit Harry Styles Scene in 'Euphoria'
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You completely give yourself to this persona of a person you don’t even know, or five guys, and imaging the way they interact the escaping from your own reality. “It’s such a reality for so many people, and so many children and teens that are fans just have this escapist world. “When I first read the script, that was the first thing that popped out to me, because I can relate to that as a 22-year-old woman who lived through the One Direction age,” she said. In an interview with Hollywood Reporter, one of Euphoria‘s starring actors Barbie Ferreira said she was a huge fan of One Direction and explained why the Louis-Harry ship storyline meant so much to her. Uhm sorry but all of those larry shippers literally harassing those guys isn’t disrespectful but showing this on a show about teenage lives is? back off. Omfg Larry stans are PISSED about the Euphoria Larry scene… Like they didn’t do the same bullshit for YEARS and ruin their irl friendship LMAOOOOO #EUPHORIA /J3VkFHSrWL Why are they mad when their own fans created this….?