Court Rules in 'Morphing' Case

LOS ANGELES, Calif. — In a California case of particular interest to webmasters, an appellate court has ruled that a suit over use of computer-altered likenesses is time-barred under the Uniform Single Publication Act (USPA).

The 2nd District Court of Appeal on Tuesday affirmed judgment for The Walt Disney Co. in a case that alleged the media giant defamed plaintiffs by broadcasting their likenesses.

Plaintiffs Dean Long Jr. and others sued Disney Jan. 18, 2002, for using sixth-grade yearbook photographs altered by computers into characters that were incorporated as fictional, cartoon-like characters in a series of vignettes broadcast in Saturday morning children’s programming on ABC television, as well as other retail products and Internet tie-ins.

All of the images, which Disney admitted appropriating, had been discontinued by Jan. 17, 2000.

By missing the two-year statute of limitations by one day under the USPA, the court turned to a 1987 Ohio case, Morgan v. Hustler Magazine Inc. for guidance. That court ruled the claims are governed by the USPA and the longest statute of limitations applicable by plaintiffs’ action is two years.

Long and other plaintiffs contend they did not see the broadcast or become aware of the use of their likenesses in time under USPA.

“The fact that these plaintiffs did not see the broadcasts does not change the fact that, unlike a credit files, these images were in plain view,” the court wrote in Dean Long et al. v. The Walt Disney Co. “Allowing these plaintiffs to sue years after the broadcasts ceased, without any indication of fraud or a meaningful inability to discover the broadcasts, would violate the principal policy that underlies the rule.”

The court further said that “there was no evidence that the likenesses that were broadcast, morphed as they were, were unrecognizable to each of the plaintiffs at their first viewing.”

It also said the policy issue is clear, that the USPA was designed to eliminate “ungovernable piecemeal liability.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Show More