News & Commentary

NCAA Petitions Supreme Court to Protect Uses of Athletes' Names & Likenesses

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...

Arkansas Resurrects Right of Publicity Bill

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...

Prince’s Death Sends Minnesota Legislature into Overdrive

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...

Supreme Court Denies Review of Davis v. Electronic Arts

March 21, 2016 9:45 am PT

Supreme Court right of publicity no review davis electronic arts

This morning the Supreme Court denied certiorari in Davis v. Electronic Arts, Inc. This case from the Ninth Circuit rejected a First Amendment defense to right of publicity claims when the videogame Madden NFL depicted professional football players without their permission. I and many other...

Eighth Circuit Tosses NFL Players' Lawsuit

February 26, 2016 2:00 pm PT

right of publicity john frederick dryer dryer v nfl eighth circuit

Today, the United States Court of Appeals for the Eighth Circuit affirmed a district court’s summary judgment against NFL players in Dryer v. NFL. The underlying lawsuit involved objections by players to the use of their names and likenesses in NFL game footage and additional interviews in...

Ninth Circuit Tosses Hurt Locker Case

February 17, 2016 1:30 pm PT

Sarver hurt locker right of publicity case ninth circuit opinion out

Today the Ninth Circuit finally decided Sarver v. Chartier. The court affirmed the district court’s holding that the alleged use of Sergeant Jeffrey Sarver’s identity in the Academy-Award winning film The Hurt Locker is protected by the First Amendment. The ultimate holding that...

PGA Can Use Caddies as “Human Billboards”

February 11, 2016 6:15 pm PT

Caddy bibs from right of publicity complaint hicks v. pga

Earlier this week, a federal district court dismissed a right of publicity claim by golf caddies against the PGA. The caddies objected to being forced to wear bibs that advertise various tournaments, golfers, and third-party corporations. The complaint was filed in September 2015 as part of a move...

Actors Sues for Use of Performance in DVD

January 20, 2016 4:00 pm PT

Brian McCabe, an actor, has sued Entertainment One and Swirl Films for selling DVDs of Community Service, a television show, that he had agreed to appear in and that he knew would be televised. McCabe claims that although he agreed to the airing of his performance on television, he...

Darlene Love Sues Google for Using Her Voice

January 19, 2016 10:30 pm PT

love v. google right of publicity law suit

Darlene Love, an “icon of pop music’s golden age,” sued Google today for using her voice in advertising for mobile phones. Love is ranked 84 on Rolling Stone’s 100 Greatest Singers of all-time list, and is best known for He’s A Rebel, Alone on Christmas, and Christmas (Baby...

NFL Player Pierre Garcon Drops Right of Publicity Suit Against FanDuel

January 14, 2016 4:30 pm PT

Yesterday, Pierre Garcon dropped his class action against FanDuel for using his and other NFL players' names and likenesses in fantasy football games. It is not clear yet whether some sort of settlement was reached or if so, what monetary payout might have been made. Garcon may also have decided...

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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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