News & Commentary

November 30, 2018 2:15 pm PT
john olive GNC right of publicity lawsuit
The California Court of Appeal affirmed a more than $1 million jury award for a model and actor in a right of publicity lawsuit against GNC (General Nutrition Centers). The actor and model Jason Olive sued when GNC used his likeness in an advertising campaign after its right to do so expired. Olive...
November 30, 2018 11:30 am PT
seventh circuit court of appeals right of publicity fantasy sports fanduel daniels
Yesterday, the Seventh Circuit ended the Daniels v. Fanduel case. Several former college athletes had sued over the use of their names, images, and statistics in online fantasy sports games―in particular uses by FanDuel and DraftKing. The plaintiffs alleged that the uses violated their...
October 26, 2018 3:15 pm PT
daniels fanduel right of publicity indiana newsworthy first amendment
This week the Indiana Supreme Court held in Daniels v. FanDuel that uses of players’ names, pictures, and statistics in online fantasy sports games and related advertisements are of “newsworthy value.” Accordingly, the uses are not actionable under Indiana’s right of publicity statute...
October 18, 2018 12:00 pm PT
jennifer rothman right of publicity USPTO nationla trademark exposition panel postmortem right of publicity kareem abdul-jabbar
The video has finally been posted from my July talk about postmortem rights of publicity for the USPTO’s National Trademark Exposition held at the Smithsonian in Washington, D.C. My talk is followed by comments by a former IRS examiner and tax attorney, and a panel discussion with basketball legend...
September 6, 2018 10:30 am PT
right of publicity electronic arts madden nfl davis class certification
Yesterday, the district court in Davis v. Electronic Arts confirmed its holding that there could not be class certification in the right of publicity case arising from the alleged use of NFL players' identities in the popular sports-themed video game series NFL Madden.  The court...
August 21, 2018 10:45 am PT
Davis electronic arts right of publicity privacy california video game
The summer did not end well for Electronic Arts (EA), as a district court rejected its summary judgment motion in Davis v. Electronic Arts, allowing the right of publicity claims under California's common law to proceed. The claims arise out of the alleged use of real NFL players'...
June 12, 2018 11:15 am PT
right of publicity trademark unfair competition claim t-shirt dj khaled asahd son new york
Last week Khaled M. Khaled, known popularly as DJ Khaled, and the company ATK Entertainment filed a lawsuit objecting to the alleged uses of his son’s name by a clothing company. The complaint (as resubmitted yesterday) alleges violations of trademark law, right of publicity and privacy laws (under...
June 11, 2018 10:00 am PT
new york state right of publicity right of privacy bill 2018 june
Dozens of letters opposing the recently reintroduced and amended version of a right of publicity bill in New York have already been submitted to members of the New York legislature.  Letters so far include ones by: The Media Coalition, New York State Broadcasters Association, Association of...
June 6, 2018 12:45 pm PT
new york state right of publicity amended reintroduced june 2018
Once again as the New York legislature nears the end of its term for the year, the Assembly is trying to push through an ill-thought-out right of publicity bill without allowing for hearings and public debate on the bill. An amended version of the bill was introduced yesterday. The amended version...
May 15, 2018 10:15 am PT
California supreme court seal right of publicity olivia de havilland right of publicity lawsuit volokh conspiracy post on first amendment and depcitions of real people
In this final guest post, "Real People, Real History, Real Problems," on The Volokh Conspiracy about issues raised in my book, I consider the danger that the right of publicity will block or substantially limit depictions of real people. The expansion of the right of publicity's scope over the last...

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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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