Expressive Works

Last week the Sixth Circuit Court of Appeals in Roe v. Amazon held that booksellers Amazon.com, and Barnes & Noble (among others) could not be held liable...

The company that owns and manages former boxing great Muhammad Ali's right of publicity and trademarks has sued Fox Broadcasting in federal district court in Illinois. The...

On Friday, a California superior court agreed with two-time Oscar winner Olivia de Havilland that her lawsuit against FX Networks could proceed....

One of Hollywood’s most successful plaintiffs and actresses is at it again. Olivia de Havilland, the two-time Oscar winner, who appeared in such Hollywood classics as Gone with the Wind and The Heiress, has sued FX Networks and Ryan Murphy in...

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 Arkansas legislature has reintroduced a right of publicity bill in the state after last year's bill was vetoed by its governor.  Governor Asa Hutchinson was concerned about the bill's limits on free speech....

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...

On September 30, 2015, a federal district court in New York dismissed a right of publicity claim brought by former Stratton Oakmont employee, Andrew Greene.  Greene was featured in convicted felon Jordan Belfort's memoir upon which the Martin Scorsese movie was based. The movie, however,...

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...