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

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Show More