Copyright Preemption

The student-athlete plaintiffs in Marshall have filed their opening brief in their appeal to the Sixth Circuit.  The Tennessee district court had earlier rejected the claim that television broadcasts of collegiate games violated the players’ rights of publicity under Tennessee law...

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...

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...

In June of 2015, a district court in Tennessee rejected a class action claim by student-athletes that their rights of publicity were being violated by the broadcast of collegiate games.  The court held that the use of their names and likenesses in the context of the broadcasts was outside...

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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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