News & Commentary

October 7, 2016 3:15 pm PT
right of publicity harris faulkner
No surprise here. As I predicted, Hasbro and Harris Faulkner have reached a settlement only a few months after a district court in New Jersey denied Habsro's motion to dismiss.  The claim that the toy hamster looked anything like the Fox news reporter was always a stretch, but because the name...
October 5, 2016 1:45 pm PT
supreme court denies cert in obannon v ncaa right of publicity antitrust
On Monday, the Supreme Court denied the petition for certiorari in O'Bannon v. NCAA, a Ninth Circuit decision from September 2015. The decision upheld the application of antitrust laws to the NCAA. The decision in O'Bannon rested in part on the conclusion that the use of the...
August 18, 2016 10:30 am PT
Javon Marshall vanderbilt right of publicity lawsuit ncaa espn
Yesterday, the Sixth Circuit Court of Appeals issued a short opinion affirming a Tennesse district court's dismissal of claims by student-athletes. Lead plaintiff Javon Marshall (pictured above), a Vanderbilt football player, and other college football and basketball players filed a class-action...
July 25, 2016 9:00 pm PT
harris faulkner and hasbro hamster right of publicity lawsuit motion to dismiss
A district court in New Jersey denied Hasbro's motion to dimiss Fox news reporter, Harris Faulkner's right of publicity claim.  I wrote earlier about Faulkner's lawsuit against Hasbro for naming its hamster toy Harris Faulkner.  The real-life Faulkner claims that the toy violates her...
July 14, 2016 8:45 pm PT
right of publicity julia child airbnb lawsuit
I finally got my hands on the complaint that was filed a few weeks ago by the Julia Child Foundation in California Superior Court. The Foundation holds the rights to Julia Child's "intellectual property rights, including all rights of publicity." Julia Child is, of course, the famous "cooking...
June 20, 2016 9:30 am PT
NCAA right of publicity supreme court o'bannon lawsuit certiorari petition
Last week I filed an amicus brief co-authored by Eugene Volokh and signed on to by 28 Constitutional Law and Intellectual Property Law professors supporting the petition for certiorari in O'Bannon, and in particular calling for guidance on the conflict between the First Amendment and the...
June 13, 2016 3:45 pm PT
Kent rathbun v H2R Restaurant right of publicity lawsuit
Celebrity chef Kent Rathbun has sued to invalidate an assignment of his rights to the use of his name and likeness. Rathbun, a former contestant on Iron Chef America and a four-time James Beard-Award nominated chef from Dallas, objects to an onerous contract he signed with H2R Restaurant Holdings...
May 24, 2016 9:15 am PT
Obannon right of publicity supreme court petition
Last week, the NCAA filed a petition for certiorari with the Supreme Court in O'Bannon v. NCAA.  The bulk of the petition seeks to overrule the Ninth Circuit's decision that the NCAA rules requiring amateurism violate the Sherman Act and antitrust law.  Part of the petition also...
May 19, 2016 4:00 pm PT
Frank Broyles Arkansas Right of Publicity Post-Mortem Bill
The Arkansas legislature has reintroduced a right of publicity bill in the state after last year's bill was vetoed by its governor.  Governor Asa Hutchinson was concerned about the bill's limits on free speech.  Arkansas to date has only recognized a common law right of privacy and the...
May 10, 2016 9:00 am PT
Prince right of publicity minnesota law post-mortem
Yesterday, the Minnesota legislature introduced a rushed bill to protect a right of publicity in that state and particularly to extend post-mortem rights in that state.  The bill came on the heels of the recent death on April 21st of the famous recording artist and composer Prince (aka Prince...

Pages

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.

Now Available

Available at Amazon Buy Now At Barnes & Noble

Also available at Target and Walmart