Florida Supreme Court sides with makers of 'The Perfect Storm'

TALLAHASSEE, Fla. (AP) _ The makers of ``The Perfect Storm'' have found themselves in the company of Bob Dylan and ``Girls Gone Wild.'' <br/><br/>The Florida Supreme Court ruled Thursday

Friday, April 22nd 2005, 10:27 am

By: News On 6

TALLAHASSEE, Fla. (AP) _ The makers of ``The Perfect Storm'' have found themselves in the company of Bob Dylan and ``Girls Gone Wild.''

The Florida Supreme Court ruled Thursday that family members of two men who died on the Andrea Gail in 1991 can't sue Warner Bros. under a law that prohibits commercial use of someone's name or likeness without their consent.

The 2000 movie starring George Clooney about the storm that killed the fishing boat's crew grossed $150 million. The families of Capt. Billy Tyne, who was portrayed by Clooney, and crewman Dale ``Murph'' Murphy argued that Warner Bros. didn't get their permission to depict the men, then made up events to boost profits.

``(Clooney) played a dark character, sort of a Capt. Ahab in that he was so consumed with chasing the whale that he lost sight of safety and more prudent concerns,'' said Stephen Calvacca, the lawyer who represented the families, who live in Bradenton. ``That never happened. That part was false and the studios knew it.''

At the beginning of the movie, viewers are told that the film is based on a true story. A disclaimer in the closing credits reads ``Dialogue and certain events and characters in the film were created for the purpose of fictionalization.''

The court ruled that the Florida law can't be applied to movies and other forms of entertainment because the law was written to protect people from being used to promote products or services without their approval.

``We are thrilled that the Florida Supreme Court so resoundingly affirmed the principles of free expression that were at stake in this case,'' said Warner Bros. spokesman Scott Rowe. ``In rejecting the plaintiffs claims, the Court upheld the rights of all artists, whether filmmakers or authors, to create works that are inspired by real events without being forced to interpret those events in a particular way.''

The justices referred to several other failed lawsuits in issuing their opinion, including:

_ Patty Valentine suing Bob Dylan, claiming his song ``Hurricane'' falsely implied that she was part of a conspiracy to wrongly convict prizefighter Rubin ``Hurricane'' Carter of murder.

_ Veronica Lane suing the makers of ``Girls Gone Wild,'' saying she allowed a cameraman to film her exposing her breasts, but claiming that she didn't know the video was going to be sold to the public.