BOSTON — Lawyers for adult filmmaker Nica Noelle, Mile High Media's Jon Blitt and several other defendants filed a document arguing Massachusetts landlord Leah Bassett has no grounds to sue them for copyright infringement and other claims based on adult shoots Noelle directed in Bassett's rental home that include art pieces in the property.
The lawsuit has been closely followed by the adult industry because it could set a precedent on how studio shoots and content trade shoots handle rented locations.
In the new filing, Noelle and Blitt's lawyers argue that Bassett does not have proof of copyright infringement or of RICO violations against the filmmakers and Mile High.
The lawyers are asking for summary judgement in their clients' favor.
The defendants contend that Bassett "copyrighted her personal belongings, a year-and-a-half after the incident she now complains of, solely for the purpose of shaking down Defendants."
Bassett recently filed an affidavit, quoted by the defendants' lawyers, where she stated that she was initially "hopeful that [she] could avoid filing a lawsuit and the Defendants and I could reach a settlement" because she "didn't want to have to file for copyright certificates." Bassett also admitted that although she "filed for the copyright registrations [when her lawyer told her they were heading towards a lawsuit], [she has] never sought to sell, reproduce, license or otherwise seek a profit from any of the 53 works that were included in those [three] applications."
If Bassett never thought these works were worth protecting, Noelle and Blitt's lawyers asked the court, "why could the Defendants think they were? And, even more importantly, why should the Court?"
In March 2018, Bassett sued Mile High alleging one of her tenants in Martha’s Vineyard had allowed a Mile High crew to shoot in her property. The lawsuit claims that this constitutes “unauthorized commercial use of the property” and also copyright infringement over portraits and pottery Bassett created, which can be seen in the background of the scenes.
The main defendants in the case are Noelle, who had been working for Mile High, and studio head Blitt, doing business “as Mile High, Icon Male and TransSensual.”
Noelle and Blitt have argued that those involved in the shoots were “lawful guests” of Bassett’s tenant.
The next hearing is scheduled for Tuesday, February 18.