News & Commentary

November 24, 2015 1:00 pm PT
regular show cartoon network billy mitchell right of publicity lawsuit
Billy Mitchell, a well-known videogame player with world records for classic arcade games like Donkey Kong and Pac-Man, sued Cartoon Network for allegedly using his likeness for a character in The Regular Show. The animated comedy series follows two animals, a blue jay and a raccoon....
November 20, 2015 10:00 am PT
ACT SAT right of publicity and privacy suit seventh circuit
On Wednesday, the Seventh Circuit held in Silha v. ACT, Inc. (7th Cir. 2015) that students who had taken the ACT and SAT did not have standing to sue for the alleged sale of their personal information. The Seventh Circuit pointed to the fact that even though the use of the test-takers...
November 19, 2015 1:15 pm PT
The Wyoming Tribune Eagle reports today that the Wyoming Legislature's Joint Corporations, Elections and Political Subdivision Interim Committee voted to sponsor a bill that would allow voters to pass a privacy amendment to the state constitution.  Such an amendment was rejected by the state...
November 19, 2015 10:30 am PT
Right of Publicity article jennifer rothman virginia law review logo commercial speech commercial use and the intellectual property quagmire
My latest article, Commercial Speech, Commercial Use and the Intellectual Property Quagmire, is in print this week in the Virginia Law Review. The article considers the role in intellectual property laws of commercial speech doctrine and considerations of commerciality more generally...
November 18, 2015 7:30 pm PT
right of publicity claim versus Huckabee for eye of tiger copyright
Today, Rude Music filed a complaint in a federal district court in Illinois for the use of the song “Eye of the Tiger” by Presidential candidate Mike Huckabee. The song by the band Survivor was the theme song in the movie Rocky III which topped the charts at the time.  Huckabee played...
November 9, 2015 3:15 pm PT
Timed Out Tiffany Toth Right of Publicity Complaint against LA Girl Jewelry
Timed Out LLC, a California company, that advertises its image protection services to models has sued LA Girl Jewelry for using Tiffany Toth's image and likeness in its advertisements. The complaint alleges that Toth assigned her right to sue to Timed Out. This complaint is another in the...
November 4, 2015 1:45 pm PT
Supreme Court Davis v EA right of publicity cert petition
Professor Eugene Volokh (UCLA) and I filed a brief today in support of granting certiorari in Davis v. Electronic Arts. The brief was signed on to by many leading constitutional law and IP law scholars. We call on the Supreme Court to address the disarray among lower courts about how to...
November 2, 2015 6:15 pm PT
Heller v NBC Universal Straight Outta Compton Right of Publicity Complaint
With success often comes lawsuits and the movie Straight Outta Compton is no exception. On Friday, the music manager Jerry Heller sued NBC Universal and others involved with the film claiming that the character in the film played by actor Paul Giamatti misappropriates his identity by using...
October 30, 2015 3:30 pm PT
NFL Players Garcon v. FanDuel Right of Publicity Claim
Pierre Garcon and other NFL Players filed suit today in federal district court in Maryland claiming that their names and likenesses were misapproriated in FanDuel's fantasy football game.  The complaint includes both right of publicity and false endorsement claims.  No question that here...
October 30, 2015 12:30 pm PT
Voronina v. Stan -Right of PUblicity claim against The Playhouse
Another group of models has sued for the unauthorized use of their images by a strip club -- this time in Florida for the use of their images to promote The Playhouse strip club.  The Complaint includes right of publicity claims under Florida Stat. §540.08 and the common law, among other...

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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.

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