Ann Bogie approached Rivers backstage after the show and chatted with the funnywoman about a heckler who took offence at a joke about deaf author and activist Helen Keller.
The conversation, during which Bogie called the heckler a “rotten guy”, was caught on camera and when it appeared in the film, she sued the comedienne and IFC Films executives for invading her privacy and misappropriating her image.
The case was dismissed last year (12) and on Thursday (17Jan13), judges at an appeals court ruled that the lower court officials’ decision to throw the matter out was the right one, according to The Hollywood Reporter.
In making their decision, the judges wrote: “The plaintiff voluntarily approached a celebrity just after a public performance. Any reasonable person would expect to encounter some kind of security presence, and indeed here that presence was visible. Furthermore, the camera crew must have also been visible to Bogie as they were filming both Rivers and, of course, Bogie.”