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 © 2026 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

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

Show More