Another Borat related lawsuit has been thrown out the window, we get news of this legal victory thanks to the fabled caves of Yahoo:
A lawsuit filed by a man seen running away from comedian Sacha Baron Cohen in his hit “Borat” film was dismissed by a federal judge on Wednesday. Lemerond claimed the filmmakers unlawfully used his image after he was seen in the movie on New York’s streets running from the fictional Kazakh television reporter, “fleeing in apparent terror, screaming for Mr. Cohen to ‘go away,”‘ court documents said.
But U.S. District Judge Loretta Preska said the film fell under a broad exception to that claim because it was “newsworthy.” She said while the film appealed “to the most childish and vulgar in its viewers,” it attempted “an ironic commentary of ‘modern’ American culture.” Lemerond’s claim was one of several suits filed by people who complained they were duped into appearing in the fake documentary.
To date, all the Borat lawsuits have been failed attempts; and I would hazard to guess that all further attempts will suffer the same fate. When I first heard about the barrage of lawsuits being filed, I was concerned that many would find a way at the cash and jeopardize further projects. It now appears that the release forms were air tight, and they had a full understanding of what they could get away with going into the project.
I enjoyed the move and am glad it was made, but I am sympathetic to those that had no desire to be in a motion picture. I imagine that some people in the film will be made fun of by friends and family for quite some time because of their actions. As uncomfortable as some of these unwilling participants may be, the quality of the film cannot be ignored. It is amazing social commentary and provided tons of laughs. This is a case where the ends may have justified the means.
I doubt the legal journey of Borat is complete, but with luck it will be over before Bruno starts to get sued.
