Art

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

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...

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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The Third Circuit Upholds First Amendment Defense in Video Game Case

hamilton speight right of publicity first amendment gears of war third circuit

In a nonprecedential opinion the Third Circuit held that the First Amendment insulates the makers of the video game Gears of War from a right of publicity claim. The case, Hamilton v. Speight, involves a right of publicity claim...

50 Cent's Right of Publicity Claim Preempted by Copyright Law

50 cent right of publicity rick ross renzel remix copyright preemption

Earlier this week, the Second Circuit, in an opinion penned by Judge Pierre Leval, held that a right of publicity claim by rap artist Curtis James Jackson III, better known as 50 Cent, was preempted by federal copyright law.
The claim was brought...

New York Reintroduces Much Improved Postmortem Right of Publicity Bill

new york legislature right of publicity bill

During its usual off-season, the New York legislature is revisiting its multi-year efforts to add new sections to its civil rights law and in particular to add a postmortem provision to state law. This latest version would add two sections to NY's...

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The Book

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

Now Available

Also available at Target and Walmart