News & Commentary

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

right of publicity prince warhol copyright fair use goldsmith lawsuit new york

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...

Copyright Law Blocks Student-Athlete Suit over Sale of Game Photos

April 5, 2017 8:00 pm PT

right of publicity ncaa maloney t3 media paya ninth circuit copyright preemption

Today, the Ninth Circuit held in Maloney v. T3 Media that former collegiate athletes’ right of publicity claims arising out of the licensing of their photos by T3 Media were barred by copyright law. The Ninth Circuit affirmed the district court opinion in the case. Unfortunately, rather than...

Usher Sues Sony for Right of Publicity Violation for Use of Voice

October 12, 2016 9:15 pm PT

right of publicity usher lawsuit georgia

No, not that Usher. Jasmine Usher, a Georgia-based singer, is suing Sony Music and the band Travis Porter for the use of her voice on the hit song “Ayye Ladies”. The song reached number sixteen on the Billboard Top 200. Usher claims that her voice was recorded and used on the song without her...

Harris Faulkner Hamster Case Settles

October 7, 2016 3:15 pm PT

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...

Supreme Court Punts on O'Bannon v. NCAA

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...

Student Athletes Lose Sixth Circuit Appeal in Marshall v. ESPN

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...

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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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