Tallahassee (Florida), April 22 (Reuters): Actor George Clooney?s portrayal of a down-and-out fisherman in the 2000 film The Perfect Storm may not have been accurate but it was not illegal, the Florida Supreme Court ruled yesterday.

By 6-1 vote, the state?s highest court ruled against the family of real-life swordfish captain Billy Tyne whose life and death at the helm of the Andrea Gail became the basis for the Warner Entertainment Co. movie that grossed more than $150 million.

Tyne?s family sued shortly after the motion picture?s release, claiming the company altered facts to make the movie more marketable. The family sought monetary damages under a Florida law against portraying someone in false light to promote a product or commercial enterprise.

The film chronicled the final voyage of the Andrea Gail, which was lost at sea in 1991 during a confluence of weather fronts that ravaged waters off the coast of New England. Tyne and his five crewmen were killed during the storm.

Specifically, the family objected to the film?s portrayal of Tyne as a quarrelsome captain who derided his crew and unnecessarily risked their lives in the quest to return his catch to port in the face of a once-in-a-century storm.

Filmmakers countered that the movie clearly stated that it was only based on Tyne?s life and included fictionalised accounts and that as such, it was protected by the First Amendment right to freedom of expression. Florida?s highest court agreed.

?We find that defining the term 'commercial purpose' to apply to motion pictures or similar works raises a fundamental constitutional concern,? Justice Charles Well wrote for the court.

The lawsuit was filed in Orlando, Florida, by Tyne's ex-wife, Jodi Tyne, and the couple's two daughters, who live in central Florida. Tyne sailed the Andrea Gail out of Gloucester, Massachusetts.

Warner Bros. Entertainment, a unit of Time Warner Inc., released a statement saying it was thrilled with the ruling and called it an affirmation of the principles of free expression.

?In rejecting the plaintiffs' claims, the court upheld the rights of all artists, whether filmmakers or authors, to create works that are inspired by real events without being forced to interpret those events in a particular way,? Warner Bros. spokesman Scott Rowe said.