News & Commentary

Who Owns You When You are Dead

October 18, 2018 12:00 pm PT

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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...

Court Denies Class Certification in Atheletes' Suit Against Madden NFL Maker

September 6, 2018 10:30 am PT

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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...

Court Allows Players' Case Against Madden Video Game to Proceed

August 21, 2018 10:45 am PT

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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'...

DJ Khaled Sues Over Use of His Son's Name

June 12, 2018 11:15 am PT

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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...

New York Legislature Deluged with Letters Opposing Right Of Publicity Bill

June 11, 2018 10:00 am PT

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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...

New York Right of Publicity Bill Resurrected Again

June 6, 2018 12:45 pm PT

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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...

The Threat Posed to History & Storytellers

May 15, 2018 10:15 am PT

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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...

The Topsy-Turvy Market in Dead People

May 10, 2018 1:30 pm PT

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My post today on The Volokh Conspiracy considers "The Market in Dead People," and the "ghoulish futures market in aging celebrities." Read it in full here: https://reason.com/volokh/2018/05/10/the-market-in-dead-people This is the fourth of five installments of issues raised by my book, The...

Reanimating Actors and the Dangers of a Transferable Right of Publicity

May 9, 2018 12:00 pm PT

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In "Only Robin Wright Should Own Robin Wright," I consider the dangers of the digital reanimation of actors and the creation of a transferable right to one's own name, likeness, and voice. This is the third post on The Volokh Conspiracy considering various issues raised by my just...

Can Privacy Survive the Digital Age?

May 8, 2018 10:00 am PT

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In my second post on The Volokh Conspiracy on topics related to my book, The Right of Publicity: Privacy Reimagined for a Public World (Harvard Univ. Press 2018), I consider whether privacy can survive the digital age. Much of the story that my book uncovers provides insights into how best to...

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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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