California

The oral arguments from last Thursday’s hearing before the 8th Circuit in Dryer highlight a host of flashpoints in right of publicity law. The arguments focused on whether the use of historical film clips constituted commercial speech.  The plaintiffs’ attorney claimed that the use...

On Monday, EA filed a Petition seeking Supreme Court review in Davis v. Electronic Arts, 775 F.3d 1172 (9th Cir. 2015).  The video game maker asks the Supreme Court to reverse the Ninth Circuit and hold that the use of realistic depictions of people in expressive works, including video...

A lawsuit filed by famous recording artist, Aretha Franklin, against a documentary filmmaker, Allan Elliott, led to the pulling of his documentary film, “Amazing Grace,” from the line-ups at numerous prestigious film festivals, including Telluride and Toronto.  Ms. Franklin claims that the...

The Ninth Circuit’s decision last week upholding the application of antitrust laws to the NCAA, has several implications for student-athletes and their rights of publicity.  The appellate court’s holding that the NCAA could retain its rules requiring students to remain amateur means that...

On March 6, 2015, a district court in California held that the student-athletes claims against T3Media for its Paya.com website were preempted by copyright law.  The NCAA gaver T3Media permission to display and sell photographs of NCAA athletes.  In an opinion that only adds to the...

The Ninth Circuit denied rehearing in its controversial decision in Davis v. Electronic Arts that the use of real professional athletes identities in a video game was not protected by the First Amendment.  This decision leaves at risk numerous expressive and nonfiction works that include...

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.

Now Available

Available at Amazon Buy Now At Barnes & Noble

Also available at Target and Walmart