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ARTICLE · 02 MARCH 2016

First Amendment SLAPPs Publicity Right Plaintiff In "Hurt Locker" Case

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The Ninth Circuit affirmed the dismissal by the Central District of California under the California anti-SLAPP statute of a publicity rights claim against the motion picture "The Hurt Locker."

United StatesIntellectual Property
Edwin Komen
Edwin Komen
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On February 17, 2016, the Ninth Circuit affirmed the dismissal by the Central District of California under the California anti-SLAPP statute of a publicity rights claim against the motion picture "The Hurt Locker." The plaintiff, Army Sergeant Jeffrey Sarver, an explosive ordnance disposal technician in Iraq, claimed the film appropriated his life story. Sarver v. Chartier, Ninth Circuit, Case No. 11-56986 decided February 17, 2016.

The motion picture "The Hurt Locker" tells the story of fictional Army Sergeant First Class William James, portrayed by Jeremy Renner, as he leads a team of specialists protecting lives by disarming explosive devices during the Iraq War. The critically acclaimed film, released in 2009, won six Academy Awards, including, Best Picture, Best Director (Kathryn Bigelow, the first and only female director to win this award) and Best Original Screenplay (Mark Boal).  Boal based the screenplay on his personal coverage of the Iraq War where he

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