Supreme Court of Florida

The term "commercial purpose" as used in section 540.08, Florida Statutes, does not apply to publications, including motion pictures, which do not directly promote a product or service.

Appellate Information

• Decided 04/21/2005
• Published 04/21/2005

Judges

• WELLS, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Stephen J. Calvacca of Law Office of Calvacca Moran, and W. Edward McLeod, Jr., Winter Park, FL;  Jon J. Mills and Timothy McLendon, Gainesville, FL, for Appellant., John F. Bradley, Stephen M. Carlisle, Julee L. Milham, Robert A. McNeely, and Jamin D. Rubenstein, Fort Lauderdale on behalf of the Entertainment, Arts and Sports Law Section of the Florida Bar;  Douglas E. Mirell and Jean-Paul Jassy of Loeb and Loeb, LLP, Los Angeles, CA, on behalf of the Motion Picture Association of America, Inc., Association of American Publishers, Inc., Freedom to Read Foundation, American Booksellers for Free Expression, Publishers Marketing Association, Video Software Dealers Association, Magazine Publishers Association and Comic Book Legal Defense Fund;  and David S. Bralow, Senior Counsel, Tribune Company, Orlando, FL, George Freeman, Associate General Counsel, New York Times Company, New York, NY, and Charles A. Carlson of Barnett Bolt Kirkwood and Long, Tampa, FL, on behalf of the Florida Press Association, the First Amendment Foundation, the Florida Association of Broadcasters, Orlando Sentinel Communications, Sun-Sentinel Company, and their parent, Tribune Company, the New York Times Regional Newspaper, on behalf of its 14 daily newspapers, including The (Lakeland) Ledger, Sarasota Herald-Tribune, (Ocala) Star-Banner, and The Gainesville Sun, and Media General Operations, Inc., publisher of The Tampa Tribune, Highlands Today, Hernando Today, and the Jackson County Floridan, and owner of WFLA-TV Channel 8, WJWB-TV Channel 17, and WMBB Channel 13 (collectively referred to as “Florida Media Organizations”), As Amici Curiae.


• For Appellees:
  
• Gregg D. Thomas and James J. McGuire of Holland and Knight, Tampa, FL, for Appellee.