Local law professor discusses legal issues in 'Borat' film
By SAM HODGSON, The San Diego Daily Transcript
Thursday, November 16, 2006
Thomas Jefferson School of Law Professor K.J. Greene has been fielding some interesting questions from students lately.
That’s because the hot topic in his contracts and entertainment law classes has been the movie "Borat" – a film that so far has grossed more than $67 million and garnered lawsuits from unsuspecting cast members.
The movie stars Sacha Baron Cohen, who plays a Kazakhstani TV journalist, oftentimes making fools of those who agree to take part in his movie.
In one particular scene, two fraternity brothers get drunk, and make racist and sexist jokes on tape. The men, who are suing as John Does, claim their reputations were irreparably damaged by their actions in the film. The men claim that the filmmakers duped them into starring in the movie by getting them liquored up at a nearby bar, and telling them they were going to be involved in a documentary that would not be shown in the United States.
Greene said that any time a film is successful it starts drawing lawsuits, even if they are not as unusual as the litigation regarding Borat.
“It’s kind of like a badge of honor in the film industry,” Greene said, adding that the lawsuits have helped to promote the film.
He said that the “too drunk to sign a contract” argument generally doesn’t stick in court, unless the plaintiffs are involuntarily inebriated.
“The real harm is self afflicted,” he said. “The harm was that they made stupid sexist and racist remarks.”
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