Kentucky man sues Netflix for misuse of his photo in true crime documentary about killer
A Kentucky man is suing Netflix for more than $1 million for the streamer's alleged misuse of his photo in a true crime documentary about the once-viral hatchet hitchhiker imprisoned for murder.
Taylor Hazlewood, who filed the complaint last week in Texas, has accused the streamer of defamation and misappropriation of likeness or right of publicity after one of his Instagram photos appeared in the documentary The Hatchet Wielding Hitchhiker. The documentary centers on Caleb "Kai" McGillvary, a nomad who became an internet celebrity after he intervened during a woman's assault, but was later convicted of murder.
In the Instagram photo in question, Hazlewood is holding a hatchet, but the photo was taken in or around June 2019 and "reminded Hazlewood of his favorite childhood book, Hatchet by Gary Paulsen," so Hazlewood "decided to take a picture with the tool," according to the complaint reviewed by EW. However, Hazlewood "is not connected, in any way, to Mr. McGillvary or his story," it continued.
Netflix's use of Hazlewood's photo is "inappropriate, misleading, and defamatory," the complaint added. Hazlewood was first alerted of the use of his image after friends reached out in confusion. One message read, "Wtf? Explain please," while another read, "Why are you on Netflix?" In turn, Hazlewood has suffered from "reputational harm, stress, anxiety, and anguish."
Netflix Caleb "Kai" McGillvary in 'The Hatchet Wielding Hitchhiker'
Though Hazlewood resides in Kentucky, the complaint was filed in Texas because "Netflix's wrongful conduct occurred in all 50 states, including Texas."
Netflix did not immediately respond to EW's request for comment.
"Mr. Hazlewood had no connection whatsoever to the people or events depicted in the film," Hazlewood's attorney Angela Buchanan told EW in a statement. "Mr. Hazlewood's original Instagram post is tagged with this book and author, so there should have been no confusion by any company doing its homework when sourcing content."
Blasting the "lack of due diligence" on Netflix's part, Buchanan added that while some of Hazlewood's friends, family, and coworkers have "reached out to him to ascertain the truth, there are many acquaintances, contacts, or potential employers who will never give Mr. Hazlewood this courtesy. Instead, they will form opinions about it based on how he is portrayed in the film — as an untrustworthy person connected to a killer."
"Netflix, and the production companies upon which they rely, must be held accountable when they are negligent and cause this sort of reputational harm," she added.
The Hatchet Wielding Hitchhiker, which debuted on Netflix in January, tracks the rise and fall of McGillvary, who became an internet sensation after he appeared on the local news and recounted an incident that occurred after he hitched a ride with a man named Jett McBride in 2013. He claimed that after McBride hit a person with his car and tried to assault a passerby, he grabbed his hatchet out of his bag and attacked McBride. His viral status landed him a cameo on Jimmy Kimmel Live!, but in 2019, he was convicted for the murder of 73-year-old attorney Joseph Galfy and sentenced to 57 years in prison. McGillvary claimed it was self defense, alleging that Galfy drugged and raped him.
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