Heller v. ABC News, Inc., 1:23-cv-04595

Rachel Heller, a victim of sexual abuse by a teacher, sued Glass Entertainment Group and others for using her likeness without permission in a docuseries adapted from a podcast.
Heller had previously agreed (with restrictions) to be interviewed for a podcast but only if the audio was used solely for the podcast, and claimed a separate oral agreement restricted use of footage of her at a university presentation for the docuseries.
The podcast and docuseries covered the criminal acts by Heller's abuser, his arrest, and the broader public drama surrounding the events.
Glass filmed Heller at a university presentation despite her reluctance and later included this footage in the docuseries, which was streamed by Hulu.
Heller sued for appropriation of likeness, breach of contract, specific performance, promissory estoppel, unjust enrichment, and punitive damages.
The court previously dismissed all claims against ABC and Hulu, and some claims against Glass, but allowed others (including appropriation of likeness) to proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the docuseries use of Heller's likeness is protected by Georgia's newsworthiness exception	Heller's likeness is not newsworthy as used; any such defense was waived by agreement	The docuseries is newsworthy as it relates to a matter of public interest	The newsworthiness exception applies, but contractual waiver may still be relevant
Whether the newsworthiness exception can be contractually waived	Glass agreed not to use images/audio outside agreed context, waiving any newsworthiness defense	Newsworthiness exception is not waivable and is distinct from First Amendment rights	Court finds waiver may apply as the exception is rooted in First Amendment rights
Whether immediate appellate review of dismissals as to ABC/Hulu should be allowed (Rule 54(b))	Efficiency and ongoing harm justify immediate review	Claims are intertwined, and piecemeal appeals are inefficient	Court denies immediate review; no just reason for delay
Whether reconsideration should overturn original denial of Glass's motion to dismiss for appropriation	Court should not reverse prior decision as claims remain viable	Court previously erred in limiting newsworthiness; should dismiss	Newsworthiness applies, but claim survives due to potential waiver by contract

Toffoloni v. LFP Publ’g Grp., LLC, 572 F.3d 1201 (11th Cir. 2009) (newsworthiness exception to privacy tort; boundaries on what is related to incident of public concern)
Ramsey v. Georgia Gazette Publ’g Co., 297 S.E.2d 94 (Ga. Ct. App. 1982) (public dramas and dissemination of related information not privacy violation)
Waters v. Fleetwood, 91 S.E.2d 344 (Ga. 1956) (public interest in newsworthy incidents limits privacy rights)
Tucker v. News Publ’g Co., 397 S.E.2d 499 (Ga. Ct. App. 1990) (privacy rights versus public's right to know)
Martin Luther King, Jr., Ctr. for Soc. Change v. Am. Heritage Prods., Inc., 296 S.E.2d 697 (Ga. 1982) (privacy/publicity rights yield to press where use is newsworthy)
Torrance v. Morris Pub. Grp. LLC, 636 S.E.2d 740 (Ga. Ct. App. 2006) (circumstances of public deaths as newsworthy events)