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

MyMember.site Integrates FSC's 'PrivateAV' Age Verification Solution

MyMember.site has integrated Free Speech Coalition's PrivateAV age verification tool into its website-building platform.

Pearl Industry Network Launches Creator Networking App Beta

Industry trade group Pearl Industry Network (PiN) has launched beta testing for the PiN Member App, a networking and collaboration tool for content creators.

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

Pineapple Support Taps Brad Mitchell, Jean-Micheal Veen for Senior Leadership Positions

Pineapple Support has named Brad Mitchell as its new board president and Jean-Micheal Veen as technology and development chair.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Brazil Launches Complaints Page for AV Violations

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

FSC Launches 'Speak Out' Media Campaign for Creators

The Free Speech Coalition (FSC) has announced the launch of FSC Speak Out, a media campaign for content creators to tell their stories.

Pineapple Support, Stripchat to Host LGBTQ Support Group

Pineapple Support and Stripchat are hosting a free online support group for LGBTQ+ individuals within the adult industry, titled "LGBTQ and Proud."

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Show More