News & Commentary

July 21, 2021 4:30 pm PT
race toddlers trump right of publicity new york lawsuit
On July 9th, a New York trial court dismissed the high-profile lawsuit against Trump, Trump for President, Inc. (“TFP), and Lance Cook brought by the parents of two toddlers whose embrace was transformed from a meme of racial harmony into an edited video suggesting one of them was a “racist baby.”...
July 14, 2021 11:15 am PT
Dua Lipa Instagram copyright right of publicity lawsuit
Dua Lipa has been sued by Integral Images, Inc. in district court in California for posting a photo of herself on her Instagram feed.  This is yet another in a string of copyright lawsuits arising out of celebrities (like Khloe Kardashian & Tom Brady) posting images of themselves...
July 14, 2021 10:15 am PT
borat sacha baron cohen cannabis advertisement right of publicity copyright false endorsement lawsuit
Earlier this week, film and television actor Sacha Baron Cohen and his company, Please You Can Touch, sued Solar Therapeutics in district court in Massachusetts for the unauthorized use of his likeness, Borat character, and the character's catch-phrase in a billboard advertisement for a cannabis...
July 8, 2021 9:30 am PT
hansen soda coca cola right of publicity postmortem
The California Court of Appeal for the Fourth District reversed an almost $10 million jury award against Coca-Cola in Hansen v. Coca-Cola Company in a recent unpublished decision. The dispute arises out of the Hansen’s sodas and juice brand (now owned by Coca-Cola) and a trust composed of...
June 28, 2021 2:30 pm PT
Porco lifetime right of publicity right of privacy lawsuit first amendment new york newsworthiness
Last week a New York appellate court granted the defendant’s summary judgment motion in Porco v. Lifetime Entertainment Services, the long-running dispute over Lifetime’s ripped-from-the-headlines docudrama Romeo Killer: The Chris Porco Story, which first aired in 2013.  This...
May 18, 2021 4:30 pm PT
michael jackson estate right of publicity right of privacy tax litigation irs tax court decision publicity name and likeness rights
On May 3rd, the U.S. Tax Court issued the long-awaited decision in the long-running litigation over the estate taxes owed by the Michael Jackson estate. In a sweeping 253-page opinion (with additional appendices) the Tax Court, clearly cognizant that this opinion will likely be read by many more...
December 1, 2020 11:00 am PT
New York Postmortem Right of Publicity Bill Signed Governor Cuomo
On November 30th, 2020, the Governor of New York signed into law a new postmortem provision which for the first time will add a postmortem right to the state's law, lasting 40 years after death. This new law also addresses the unlawful dissemination and publication of  "sexually explicit...
October 2, 2020 9:30 am PT
hamilton speight right of publicity first amendment gears of war third circuit
In a nonprecedential opinion the Third Circuit held that the First Amendment insulates the makers of the video game Gears of War from a right of publicity claim. The case, Hamilton v. Speight, involves a right of publicity claim brought by the plaintiff, Lenwood Hamilton, who...
August 21, 2020 1:45 pm PT
50 cent right of publicity rick ross renzel remix copyright preemption
Earlier this week, the Second Circuit, in an opinion penned by Judge Pierre Leval, held that a right of publicity claim by rap artist Curtis James Jackson III, better known as 50 Cent, was preempted by federal copyright law. The claim was brought under Connecticut law and arose out of Jackson’s...
July 14, 2020 1:15 pm PT
new york legislature right of publicity bill
During its usual off-season, the New York legislature is revisiting its multi-year efforts to add new sections to its civil rights law and in particular to add a postmortem provision to state law. This latest version would add two sections to NY's Civil Rights Law,  what it dubs a new “right...

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The Book

Privacy Reimagined For A Public World

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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