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Judge stops Olivia de Havilland's 'Feud: Bette and Joan' suit

March 30, 2018 12:47·
Kurt Iswarienko FX

Kurt Iswarienko FX

Bette and Joan was a crowd-pleasing guilty pleasure anchored by a number of powerhouse performances, not everyone was a fan of the series that examined the tempestuous relationship between Hollywood legends Bette Davis and Joan Crawford.

Last summer, the Gone With the Wind actress filed a lawsuit against FX and Ryan Murphy's production company regarding her portrayal in Feud: Bette and Joan, claiming that the "FX series puts words in the mouth of Miss de Havilland which are inaccurate and contrary to the reputation she has built over an 80-year professional life, specifically refusing to engage in gossip mongering about other actors in order to generate media attention for herself".

With regard to de Havilland's false light claims, the court questions whether a reasonable viewer would believe the docudrama was entirely factual. On Monday afternoon, it was announced that suit was tossed out because "it's precluded by the First Amendment", explained Justice Anne Egerton.

He added, "Today's decision represents a major legal victory for filmmakers and creators of all kinds, re-affirming their First Amendment right to tell stories about and inspired by real people and events in genres including docudramas, biopics, historical fiction, and documentaries".

The show's creator, Ryan Murphy, celebrated the decision as a "victory for the creative community".

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Murphy said the decision "gives all creators the breathing room necessary to continue to tell important historical stories inspired by true events". "Most of all, it's a great day for artistic expression".

The 101-year-old De Havilland, who won Oscars for Best Actress in 1946 and 1949, had argued that she did not consent to the use of her likeness in the miniseries, nor has she received any remuneration for the use of her name and identity. In the series, which, incidentally, was pretty good, Catherine Zeta-Jones played de Havilland. "Judge Halim Dhanidina, one of three judges on the panel, asked de Havilland's attorney, 'Is there a substantial difference between calling someone a bitch and calling her a dragon lady?' drawing laughter".

FX lawyers argued the movie veteran may not have called her sibling a bitch, but did call her a "dragon lady" in an interview on her 100th birthday. It also found that Feud's use of de Havilland's likeness is clearly transformative. The appellate court didn't reach the issue, finding Feud would be constitutionally protected either way - and the First Amendment doesn't require creators to pay for someone's life rights.

"Books, films, plays, and television shows often portray real people", the court said. "If they portray a real person in an expressive work accurately and realistically without paying that person, they face a right of publicity lawsuit".

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