Those of you who were sentient in the immediate aftermath of the Nixon resignation will know that an individual dubbed “Deep Throat” was so named by Bob Woodward and Carl Bernstein (no relation) after an infamous pornographic film released two years earlier. In 2005, Watergate’s “Deep Throat” was revealed to be then FBI Deputy Director W. Mark Felt. Twenty-five years earlier, the true story of the film Deep Throat and its star, Linda Lovelace, was revealed in her autobiography, Ordeal, an exposé of spousal abuse and exploitation by producers of pornography. Lovelace continued her campaign against pornography until her death in 2002, and thereafter her message was given wider voice in a 2013 film produced by The Weinstein Company (Weinstein) titled Lovelace.
The copyright owners of Deep Throat, Arrow Productions, sought to halt distribution of Lovelace, claiming copyright infringement based on the alleged re-creation of three scenes from Deep Throat. In a careful and detailed opinion1 issued on Aug. 25, 2014, U.S. District Judge Thomas P. Griesa of the Southern District of New York upheld the defense of fair use and granted Weinstein’s motion for judgment on the pleadings.
The Two Films
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