Copyright Preemption
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.
Now Available
50 Cent's Right of Publicity Claim Preempted by Copyright Law
Earlier this week, the Second Circuit, in an opinion penned by Judge Pierre Leval, held that a right of publicity claim...
U. S. Copyright Office Considers a Federal Right of Publicity
In a report issued on April 23rd by the Register of Copyrights, the U.S. Copyright Office suggests that the lack of uniformity in state right of publicity laws may require Congressional intervention.
The call for...
Court Allows Players' Case Against Madden Video Game to Proceed
The summer did not end well for Electronic Arts (EA), as a district court rejected its summary judgment motion...
New York Right of Publicity Bill Resurrected Again
Once again as the New York legislature nears the end of its term for the year, the Assembly is trying to push through an ill-thought-out right of...
Fox Moves for a TKO in Lawsuit Brought by Muhammad Ali Estate
Earlier this week Fox filed motions for judgment on the pleadings and an...
Whitney Houston Estate Settles with IRS over Right of Publicity Valuation
The Whitney Houston estate and the IRS have settled their dispute over the value of the Grammy award-winner’s estate. The more than $11 million dollar disagreement in the amount of taxes owed centered on the valuation of Houston’s intellectual property rights, and particularly the value of her...
Major Victory for Fantasy Sports against College Athletes
Last week while a California trial court let the right of publicity run roughshod over the First Amendment in a case involving a docudrama, an...
Letters Submitted in Opposition to Proposed New York Right of Publicity Bill
Today, I submitted a letter opposing the current draft of a "right of publicity" bill being rushed through the New York legislature...
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...
Copyright Law Blocks Student-Athlete Suit over Sale of Game Photos
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...
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