Scott Hervey in The Optionist – ‘Top Gun’ to ‘Queen’s Gambit’: IP Laws and How Not to Break Them
Published: January 25, 2023
In a January 25th article for The Optionist, Andy Lewis spoke with Weintraub shareholder Scott Hervey about their video and podcast series “The Briefing by the IP Law Blog.” They addressed commonly asked IP questions and discussed cases currently making headlines.
When asked whether former Lakers coach Jerry West’s threat to sue for defamation over the way he was portrayed in HBO’s “Winning Time” had a chilling effect on people who want to adapt stories involving the living, Scott said creatives should take note of the recent defamation lawsuit regarding “Queens Gambit.”
“When you’re doing a television show about a real person, you do need to tread carefully because public figure or not, they still have a claim for defamation. I think what should make everybody’s antenna pop up is the Queen’s Gambit lawsuit, because that was one where Netflix did not succeed on their early motion to dismiss. This was all based on a throwaway line in the last episode, but the court found it to convey a defamatory import about the real Russian chess star.”
You can read the full interview on The Optionist website here.