News & Commentary

California Passes Law to Allow Student Athletes to Commercialize Their Identities

October 7, 2019 10:00 am PT

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Governor Gavin Newsom signed into law SB206 which requires NCAA member universities to allow student athletes to sign endorsement deals and with agents and attorneys without losing their amateur status. Other states are following California's lead and introducing similar bills, and Congress has...

Ariana Grande Sues Forever 21 over Social Media Posts

September 10, 2019 12:30 pm PT

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Last week pop sensation Ariana Grande filed a lawsuit against Forever 21 for violation of both her statutory and common law right of publicity under California law, as well as for trademark infringement and false endorsement under the Lanham Act, and a copyright infringement claim. The claims arise...

New York Legislative Session Ends With No Vote on Right of Publicity Bill

June 21, 2019 1:45 pm PT

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The New York legislature closed its session without taking up the proposed right of publicity and privacy bill.

In final hours, New York Makes Last Minute Changes to Right of Publicity Bill

June 18, 2019 10:30 am PT

Apparently dropping around midnight Sunday, the New York legislature made a set of last-minute changes to the proposed right of publicity bill. The amendments focused solely on addressing broadcasters' concerns that remasters of existing works would violate the newly proposed "digital replica...

Letters and Statements of Opposition Filed Against Proposed New York Right of Publicity Bills

June 13, 2019 10:15 am PT

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I sent a letter to members of the New York legislature and their staff today opposing the proposed right of publicity bills that have been introduced in the Senate and Assembly. I focus on four major concerns with the legislation: 1) the proposed redefinitions of the right of privacy and right...

New York Assembly Revises Right of Publicity Bill to Match Flawed Senate Version

June 6, 2019 5:00 pm PT

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Today, the New York Assembly introduced an amended version of its proposed right of publicity bill. It is virtually identical (with only minor changes) to the senate bill introduced a few weeks ago, and contains no improvements or fixes from the highly flawed senate bill. This amended version...

New York Reintroduces Right of Publicity Bill with Dueling Versions

May 22, 2019 6:00 pm PT

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Last week the New York Senate introduced a substantially revised version of a right of publicity bill, S5959. There are many promising improvements in this draft from the earlier assembly version (reintroduced in February), but also a lot of concerns raised by the draft. I am told that the...

U. S. Copyright Office Considers a Federal Right of Publicity

May 2, 2019 9:30 am PT

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In a report issued on April 23rd by the Register of Copyrights, the U.S. Copyright Office suggests that the lack of uniformity in state right of publicity laws may require Congressional intervention. The call for Congress to consider such a right arose in the course of a 107-page report issued by...

Olivia de Havilland's Cert. Petition Denied by U.S. Supreme Court

January 7, 2019 5:00 pm PT

Today, the United States Supreme Court denied review of the California Court of Appeal decision in De Havilland v. FX Networks. This leaves in place the California appellate court's strong decision holding that the First Amendment bars the right of publicity and false light claims de...

Emotional Distress Award Affirmed for Model in California

December 28, 2018 2:15 pm PT

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NOTE: This post has been updated to reflect the withdrawal of the original appelalte opinon and its replacement with one filed on December 27, 2018. The only difference is that the new decision affirmed rather than reversed the trial court's holding with regard to there being no prevailing party...

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The Book

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

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