Copyright Preemption

Oh, how the chickens come home to roost. In Comedy III v. Saderup, Inc., the California Supreme Court distinguished Andy Warhol’s celebrity portraits from those of Gary Saderup’s realistic portraits of The Three Stooges.

Now this unconvincing and unpredictable...

Today, the Ninth Circuit held in Maloney v. T3 Media that former collegiate athletes’ right of publicity claims arising out of the licensing of...

No, not that Usher. Jasmine Usher, a Georgia-based singer, is suing Sony Music and the band Travis Porter for the use of her voice on the hit song “Ayye Ladies”. The song reached number sixteen...

This morning the Supreme Court denied certiorari in Davis v. Electronic Arts, Inc.  This case from the Ninth Circuit rejected a First Amendment defense to right of publicity claims when the videogame Madden NFL...

Today, the United States Court of Appeals for the Eighth Circuit affirmed a district court’s summary judgment against NFL players in Dryer v. NFL. ...

Brian McCabe, an actor, has sued Entertainment One and Swirl Films for selling DVDs of Community Service, a television show, that he had agreed to appear in and that he knew would be televised.  McCabe claims that although he agreed to the airing of his performance on television,...

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