California

Earlier this week the NFL, MLB, NHL and MLS players associations filed an amicus brief supporting the NCAA student-athletes' appeal from a decision that held that their right of publicity claims were preempted by copyright law. The student-athletes objected to the sale of photographs that were...

In a letter filed this week in the Ninth Circuit, Sarver’s attorney reminds the Ninth Circuit that this case, which was argued on May 9, 2013, still has not been decided by the Court of Appeals. Sarver v. The Hurt Locker, LLC, involves a right of publicity claim (among other claims) for...

Michael Davis and the other retired football players who sued Electronic Arts for the use of their identities in Madden NFL filed their opposition brief today in the Supreme Court. They argue against granting certiorari in the case. The Ninth Circuit previously held that the alleged use of the...

A class action has been filed on behalf of California attorneys against the website Avvo, a service that provides attorney profiles sometimes without the attorneys' consent. Avvo collects public information about various attorneys such as name, specialities, years in practice and firm...

(Revised to reflect final court order)

On Tuesday, a court ruled that Reese Witherspoon could proceed with her right of publicity claims against a number of defendants who had used her name and image to sell various products, particularly jewelery.  One company allegedly named an...

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...

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...

Professor Eugene Volokh (UCLA) and I filed a brief today in support of granting certiorari in Davis v. Electronic Arts...

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...

Yet another right of publicity lawsuit against a strip club was filed yesterday for the alleged use of models' images to promote the club without their permission. This suit was filed in California state court against the Play Pen gentleman’s club in Los Angeles, a venue that unsuccessfully...

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.

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