Judge Rules Against Mile High in 'Martha's Vineyard Background Art' Case

Judge Rules Against Mile High in 'Martha's Vineyard Background Art' Case

BOSTON — A federal judged ruled today against Mile High Media and other defendants in the “Martha’s Vineyard Background Art Case,” where producers were accused of using a rental property to shoot content without permission or clearance for on-camera artwork.

U.S. District Judge Patti B. Saris issued a summary judgement motion ruling that director and producer Nica Noelle, Mile High Distribution and other defendants violated the copyright of at least one of landlord and artist Leah Bassett’s works in each of 10 movies shot in her property.

"Even works featured in a background are entitled to copyright protection where they are 'clearly visible,' such that the medium and style would be discernable to 'the average lay observer,'" wrote Judge Saris.

Bassett had provided the judge in June with an inventory of the distinctive artworks, including sketches, hand-stitched pillows, a fireplace and a hand-painted table, that she had identified in scenes shot in the home she had rented to persons associated with the Mile High productions.

This had followed a ruling in May in favor of Mile High, throwing out several of the most egregious charges alleged by Bassett.

In her original complaint, Bassett — a sometime artist whose paintings decorated her Martha’s Vineyard rental property — had named now-retired producer and director Nica Noelle; her former collaborator, Joshua Darling; the distributor of their content, Mile High Media; and others as defendants, accusing them in a civil lawsuit of a laundry list of violations against herself (such as fraud and emotional distress), her property and her copyrighted art

As XBIZ reported, Judge Saris granted Mile High and the other co-defendants their motion to dismiss counts I (Breach of Contract), II (Trespass), III (Negligence), VI (Civil Fraud), X (Civil RICO) and XI (Defamation).

Bassett was allowed to continue the lawsuit on counts IV (Chapter 93A), V (Civil Conspiracy), VII (Infliction of Emotional and Mental Distress) and VIII (Interference with Contractual Relations).

Judge Saris established as her standard for when an artwork makes a “significant” appearance as 30 seconds, reported legal news site Law360, “whether it's all at one time or in aggregate.”

A Mile High Media representative contacted by XBIZ declined to comment on this story.

Today, Judge Saris also set the trial date for the remaining counts to February 1, 2021.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More