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

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

Show More