Ninth Circuit Denies Rehearing in Davis v. Electronic Arts
The Ninth Circuit denied rehearing in its controversial decision in Davis v. Electronic Arts that the use of real professional athletes identities in a video game was not protected by the First Amendment. This decision leaves at risk numerous expressive and nonfiction works that include portrayals of historical fiction. For a detailed analysis of why this decision is so dangerous to free speech see the Amicus Brief that Eugene Volokh and I drafted and submitted to the Ninth Circuit on behalf of Constitutional and Intellectual Property Law Professors. A certioriari petition will likely be filed in the case in the next few weeks. Stay tuned...
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.