Parties: Plaintiff Michael Costanza is a college friend of Jerry Seinfeld. Defendants Jerry Seinfeld co-creator and star of television show Seinfeld, Larry David co-creator of the show, National Broadcasting Network Inc. (NBC) who distributes the show, and the production company who produced the show.
Procedural History: The plaintiff Michael Costanza is suing Jerry Seinfeld, Larry David, NBC, and the production company as well as seeking relief for violation of New York’s Civil Rights Laws.
Facts: On the show Seinfeld there is a character named George Costanza who like plaintiff Michael Costanza is short, bald, fat, from Queens, New York, and a friend of Jerry Seinfeld from college. Plaintiff Michael Costanza appeared on the show Seinfeld.
The Seinfeld television program is a fictional comedic presentation and therefore does not fall within the scope of trade or advertisement. Issues: Whether claims for invasion of privacy and false light exist under the common law of New York where a person’s name and likeness are used in a fictional television comedy show. Arguments: Plaintiff Michael Costanza claims that the defendants used his name and likeness without his consent, invaded his privacy, and portrayed him in a negative and humiliating light. He asserts that the fictional character George Costanza in the show Seinfeld is based on him. He also asserts that the self-centered nature and unreliability of the character contributed to him causes him humiliation. The Defendants claim that the plaintiff Michael Costanza waived any claim by personally appearing on the show. They also note the limited nature of the relief provided by Civil Rights Law 50 and 51. Rule: In the state of New York the use of a person’s name and likeness in a fictional television comedy is not a violation of the state’s common law because the state does not nor has ever recognized a common law to privacy. Judgment: On the defendant’s motion to dismiss the Plaintiff’s complaint the court ruled in favor of the defendants and granted the motion and dismissed the case. This was because the plaintiff’s first claim was not supported by New York’s common law right to privacy. As well as the plaintiff’s second claim not being supported by the Civil Rights Law 50 and 51 because it extends only to the use of name and likeness for the purpose of trade and advertisement.
According to the Bureau of Labor Statistics (2007) women’s labor force participation raised from 33.9% in 1950 to 57.5% in 1990. The TV shows Married with Children and Roseanne are similar and different in the way they portray that statistic through their gender roles. Married with Children shows the more traditional type of gender roles, while Roseanne shows gender roles that were not as common in past decades. Both shows exemplify gender roles that were common and rare compared to decades prior. The TV shows, Married with Children and Roseanne are similar and different because of the gender roles each television show displays.
The comedian and satirical news host Jon Stewart had a feud with former hedge fund manager and financial expert Jim Cramer. For people unfamiliar with these characters; Jon Stewart is the host of The Daily Show on Comedy Central, and Jim Cramer is the host of Mad Money on CNBC. Stewart grilled Cramer for over 15 minutes and posed the question, "What’s the difference between a multimillion dollar media “financial expert” and an ordinary street hustler?" Stewart believes Cramer is more an entertainer as himself and he should not be making stock recommendations to the public at large.
1)Silverglate, Harvey A; Takei, Carl:Mistrial- The Capturing The Friedman's DVD sheds new light on the case. Newsday
Throughout Seinfeld’s eight-season stint on network television the show and its creator’s have stereotyped everything from young Puerto Rican boys to Jewish Priests. The main stereotype of this sit-com is the very florid portrayal of the generational age groups of the characters. The main characters represent the beginning of the Generation X culture. The parents and relatives of Jerry Seinfeld and that of George Costanza present the presence of the members of the Silent or GI generation. Throughout the television series we have seen the elderly as stereotypically helpless individuals with little or no purpose. The character’s Jerry Seinfeld, George Costanza, Elaine Benes, and Cosmo Kramer, represent the Generation X culture. These half-witted characters are often unreliable and uncaring about the society they live in. These characters often care about nothing more about life outside their own. The stereotype of these characters and the success of this very popular television show have contributed to the media’s wide usage of stereotyping generations. The article, “My Inner Shrimp,” can be directly correlated to George’s eccentric ego trips with his problems with shortness, unemployment, and baldness. George’s character is often portrayed as a very loud, very rambunctious person who is often seeking to be on top.
The 1996 movie, The People vs. Larry Flynt, is a story about Larry Flynt, owner of Hustler Magazine, getting in trouble with legal issues due to his magazines containing sexual explicit content. Larry had previous history of owning many strip clubs throughout Ohio, which initially led him into producing these magazines. People throughout the country attempted to stop Larry from producing these magazines saying that it violated many “community standards” but that didn’t stop him and he was willing to speak up for his rights. Later, Jerry Falwell sues Larry for publishing a parody of him having a sexual experience with his mother. The trial court found Falwell and his intentional infliction of emotional distress claim to be true and
re using it for fast punchlines... I can put a joke together well enough that I
Jerry Falwell sued soon after the issue was published. Personally, I think if you are a public figure, like Jerry Falwell was, you are automatically putting yourself up for public humiliation. It’s just a price to pay for being famous. I do however think that Hustler Magazine went a step too far in saying that Jerry Falwell lost his virginity to his mother. Jerry Falwell sued Hustler Magazine for libel, invasion of privacy, and intentional infliction of emotional stress. In 1984, the U.S. District Court for Virginia's Western District dismissed the invasion of privacy claim because Falwell is a public figure. Hustler was found guilty of inflicting emotional distress and Falwell was awarded $200,000. The court ruled against Falwell on the libel claim.
always benefit those who deserve it the most. Suddenly, Mike was no longer the comedian. He was the victim of reality.
John posts the video on YouTube and embeds it on his blog. John begins receiving more media attention for his views after the video is posted. The senator sues him, claiming that John intentionally shot the video and posted it because he doesn’t agree with the senator politically and wanted to ruin his job opportunity with the Nuclear Safety Association. The senator sues on the grounds of defamation and on the fact that he was on private property at the time of the filming. The senator is trying to win monetary gains for personal damages, as his job offer was rescinded after the posting of the
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it was on at prime time so it could not swear, giving it a prison
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