News & Commentary

Ninth Circuit Denies Rehearing in Davis v. Electronic Arts

July 14, 2015 9:15 pm PT

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...

Federal Court in Tennessee rejects student-athletes' right of publicity claim against ESPN for game broadcasts

June 8, 2015 10:00 am PT

In June of 2015, a district court in Tennessee rejected a class action claim by student-athletes that their rights of publicity were being violated by the broadcast of collegiate games. The court held that the use of their names and likenesses in the context of the broadcasts was outside the...

New York Introduces Post-Mortem Right Of Publicity Bill

June 1, 2015 3:00 pm PT

In May of 2015, the New York Assembly and Senate both introduced bills that would add a post-mortem right of publicity to New York’s law. The proposed term would be seventy years. The bill provides a number of enumerated exceptions for expressive works, but it is still hotly contested....

Plaintiffs in Sex Trafficking case Lose First Round in Right of Publicity Claim Against Backpage

May 15, 2015 10:15 am PT

A case involving the use of Backpage to facilitate sex trafficking and prostitution and privacy-based misappropriation claims under Rhode Island and Massachusetts laws was rejected by a Massachusetts district court on May 15, 2015 and is now pending appeal in the First Circuit. Doe ex rel Roe v...

Governor of Arkansas Vetoes Right of Publicity Statute

May 1, 2015 10:00 am PT

In the Spring of 2015, the Arkansas legislature passed a right of publicity statute . The legislation was proposed in response to concerns raised by the family of legendary University of Arkansas Coach Frank Broyles. They claimed that the current law inadequately protected him against the...

South Dakota Passes Right of Publicity Statute into Law

March 19, 2015 10:15 am PT

On March 19, 2015, South Dakota’s governor Dennis Daugaard signed into law a bill that establishes a right of publicity in the state. The bill was spearheaded by the family of Russell Means, a Native American activist and actor. S. D. Codified Laws § 21-64 et seq.

Student-Athletes Lose Right of Publicity Claim for Licensed Use of NCAA Photographs

March 7, 2015 10:00 am PT

On March 6, 2015, a district court in California held that the student-athletes claims against T3Media for its Paya.com website were preempted by copyright law. The NCAA gaver T3Media permission to display and sell photographs of NCAA athletes. In an opinion that only adds to the...

Wyoming Rejects Privacy Bill

January 29, 2015 2:00 pm PT

On January 28, 2015 the Wyoming Senate rejected a pending bill that would have added privacy protections to the state constitution. Wyoming Committee Formal Draft 1.1., 15 LSO-0066 (2015)

Pages

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.

Now Available

Also available at Target and Walmart