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

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Goddess Tangent Launches New Site Through Grooby's Blue.xxx

Goddess Tangent has launched her new membership site, TangentOD.com, through Grooby's website management company Blue.xxx.

Keiran Lee Guests on Chaturbate's 'Sex Tales' Podcast

Keiran Lee is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

Show More