News & Commentary

The Plot (and Feud) Thickens

October 4, 2017 10:45 am PT

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On Friday, a California superior court agreed with two-time Oscar winner Olivia de Havilland that her lawsuit against FX Networks could proceed. FX had sought to put a swift end to her lawsuit arising out of her portrayal in the network’s critically acclaimed miniseries, Feud. The series...

Jazz Great Thelonious Monk’s Heir Objects to Brother Thelonious Beer

August 31, 2017 2:45 pm PT

thelonious monk v. north coast brewery six pack right of publicity lawsuit

Earlier this week, Thelonious Monk, Jr. filed a lawsuit against North Coast Brewing Co. in the federal district court of California for allegedly using his father, the great jazz musician Thelonious Monk’s name, likeness, and image on its beer labels, for its brand name, and in advertising and...

Another Actor Fights Back Against Nude Photos

August 30, 2017 12:30 pm PT

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An unknown, but allegedly famous television actress has sued a website for posting nude photographs of her on its website and using her name to drive traffic to a pornographic site. The complaint in Jane Doe v. Roe Corporation was filed in a Los Angeles superior court. It alleges a violation of...

Olivia de Havilland Back in the Spotlight

July 5, 2017 3:15 pm PT

Feud Olivia de Havilland right of publicity right of privacy lawsuit

One of Hollywood’s most successful plaintiffs and actresses is at it again. Olivia de Havilland, the two-time Oscar winner, who appeared in such Hollywood classics as Gone with the Wind and The Heiress, has sued FX Networks and Ryan Murphy in California Superior Court over her...

New York Legislature Feels the Heat and Pulls Right of Publicity Bill

June 21, 2017 9:15 pm PT

Advertisement Opposed New York Right of Publicity Bill

Feeling the heat from many different sides, the New York legislature today smartly pulled the seriously flawed right of publicity bill (with the SAG-AFTRA provision that undermined the statutory speech protections). As Professors Christopher Sprigman, Christopher Buccafusco, and I wrote in an...

New York Legislature Amends Right of Publicity Bill for the Worse

June 14, 2017 5:00 pm PT

Today the New York Legislature amended its proposed right of publicity bill, A08155, and not for the better. Instead, it added language that undermines statutory protections for expressive works. The bill is deeply flawed to begin with and this only makes matters worse--far worse. The...

Letters Submitted in Opposition to Proposed New York Right of Publicity Bill

June 9, 2017 12:00 pm PT

letter to new york legislature on right of publicity bill 08155

Today, I submitted a letter opposing the current draft of a "right of publicity" bill being rushed through the New York legislature before it closes up shop for the summer. Since my earlier post about the bill SAG-AFTRA has proposed adding language that would eviscerate the exemptions in the bill...

New York Once Again Floats Right of Publicity Law

June 7, 2017 12:45 pm PT

The New York Assembly introduced yet another right of publicity bill last week, Assembly Bill A08155. Such legislation is introduced almost every year in New York―focused on trying to add a post-mortem right which currently does not exist under New York law. Thus far, these bills have all failed to...

Louisiana Right of Publicity Moves Forward

May 16, 2017 10:15 pm PT

Allen Toussaint Legacy Act right of publicity louisiana

The proposed “Allen Toussaint Legacy Act” has passed another hurdle in the Louisiana legislature. The bill passed the House last week and was sent to the Senate Judiciary Committee yesterday. The Act is named after the famed New Orleans musician, songwriter and producer, who died in 2015. The...

Warhol Foundation Claims Fair Use of Photographs of Dead Pop Star Prince

April 21, 2017 4:45 pm PT

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Oh, how the chickens come home to roost. In Comedy III v. Saderup, Inc., the California Supreme Court distinguished Andy Warhol’s celebrity portraits from those of Gary Saderup’s realistic portraits of The Three Stooges. Now this unconvincing and unpredictable distinction between...

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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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