Bogie v. Rosenberg

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Bogie attended a comedy show featuring Joan Rivers, who told a joke about Helen Keller, offending an audience member who had a deaf son. The audience member heckled Rivers; their brief exchange was filmed and was part of the documentary. When Rivers exited to a backstage area, closed to the public, Bogie gained entry and expressed frustration with the heckler and sympathy for Rivers. Rivers responded with an expression of sympathy for the heckler. The film shows at least three others present. The interaction was filmed and included in the documentary entitled Joan Rivers: A Piece of Work. Bogie’s conversation lasted 16 seconds in the film’s 82 minutes, 0.3 percent of the entire film. The documentary was distributed nationwide. Bogie alleges that she was portrayed in the film as having approved of condescending and disparaging remarks by Rivers toward Wisconsin, its citizens, and the heckler. Bogie’s complaint alleged that her privacy was invaded by the distribution of the film and that the film misappropriated her image for commercial purposes without her consent. The district court dismissed. The Seventh Circuit affirmed, reasoning that the footage was “incidental,” newsworthy, and not used for advertising. View "Bogie v. Rosenberg" on Justia Law