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NY judge: Hollywood film about 'Deep Throat' porn star does not violate skin flick's copyright

NEW YORK, N.Y. - A Manhattan judge has found a lot of differences between the porn classic "Deep Throat" and last year's Hollywood-produced biography of the world's first major porn star.

U.S. District Judge Thomas Griesa tossed out a lawsuit brought by Arrow Productions Limited against the Weinstein Co. and other defendants in a written decision that was publicly released Tuesday.

The judge said he decided after reviewing both films that the makers of the Hollywood film did not copy the core of "Deep Throat," which came out in 1972. He said "Deep Throat" is a pornographic film focusing on one type of sex act while "Lovelace" is a critical, biographical film which contains no pornographic scenes or nudity.

In Monday's decision, Griesa described "Deep Throat" as a "famous pornographic film replete with explicit sexual scenes and sophomoric humour" while he said "Lovelace" documents the tragic life of Linda Lovelace, whose real name was Linda Boreman.

The lawsuit attempted to prevent the distribution of "Lovelace" when it was released last year, but Griesa did not allow it.

The judge said the reproduction in "Lovelace" of three scenes from "Deep Throat" was transformative, adding "a new, critical perspective on the life of Linda Lovelace and the production of 'Deep Throat.'"

Attorney Evan Mandel said Arrow Productions was reviewing the decision and considering an appeal. Lawyers for the defendants did not immediately return requests for comment.

Although "Deep Throat," which cost less than $50,000 to make, grossed anywhere from $100 million to $600 million, its star actress only ever collected her salary of $1,250. Boreman later wrote an account of her experiences entitled "Ordeal" and promoted anti-pornography and women's causes until her 2002 death in a car accident.

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