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 © 2025 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

Taliban Restricts Access to Adult Content by Shutting Down Internet

The Taliban has shut down internet access across a large portion of Afghanistan in a move to prevent what it deems "immoral activities."

Go.cam Launches Video Spoofing Protection

Go.cam has announced that its verification solution now features security against video spoofing.

SexLikeReal Releases 'VR Self-Care' Guide

SexLikeReal (SLR) has published a blog post spotlighting “VR Self-Care.”

Brady Mills Agency to Launch 'AgeWallet' Subscription AV Solution

Tech company Brady Mills Agency announced that its subscription-based merchant age verification solution, AgeWallet, will launch in November.

EU Advocate General: France Can Require Foreign Sites to Implement AV

An advocate general of the European Union’s Court of Justice on Thursday advised the court to rule that France may require pornographic websites based in other EU states to implement age verification in accordance with French law.

Hentaied Founder Romero 'Mr. Alien' on Fetish, Fantasy and Finding Order in Chaos

A sharp sting pierces the woman’s skin. Something foreign slips beneath the surface. Eggs, maybe. She doesn’t know it yet, but soon her body will become a vessel, a hive, a source of contamination.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

The Guardian Devotes Feature Article to XBIZ Amsterdam

British newspaper The Guardian sent a reporter to cover XBIZ Amsterdam earlier this month, resulting in a lengthy article about the annual European adult industry conference.

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Show More