Judge, 83, dissects 'Throat'

29 August 2014 - 02:43 By Staff reporter
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An 83-year-old Manhattan judge watched the 1972 porn classic Deep Throat with attention to detail before dismissing the film's copyright holders' case against the 2013 biopic Lovelace.

Arrow Productions alleged that Lovelace infringed on their Deep Throat copyright by re-enacting three scenes from the infamous pornographic movie, according to the New York Post.

Lovelace tells the story of Linda Lovelace, the world's first big porn star.

The Deep Throat producers wanted the producers of Lovelace, and its distributor, to fork out $10-million.

Dismissing the case, US District Judge Thomas Griesa said he decided after reviewing both films that the makers of the Hollywood film did not copy the essentials of Deep Throat.

In his judgment, Griesa described Deep Throat as a pornographic film, whereas Lovelace was a "critical, biographical film" containing no pornographic scenes.

The judge said in his 27-page judgment that he had counted "17 scenes of explicit sexual content".

According to the Sydney Morning Herald, Griesa then ruled against the porn movie's copyright holders on the grounds of fair use.

"The court finds that the defendant's use, or recreation, constitutes transformative use, adding a new perspective to the life of Linda Lovelace," he said.

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