False Endorsement

Today, the United States Court of Appeals for the Eighth Circuit affirmed a district court’s summary judgment against NFL players in Dryer v. NFL.  The underlying...

Brian McCabe, an actor, has sued Entertainment One and Swirl Films for selling DVDs of Community Service, a television show, that he had agreed to appear in and that he knew would be televised.  McCabe claims that although he agreed to the airing of his performance on television,...

Darlene Love, an “icon of pop music’s golden age,” sued Google today for using her voice in advertising for mobile phones. Love is ranked 84 on Rolling Stone’s 100 Greatest Singers of all-time list, and is best known for He’s A Rebel, Alone on Christmas, and Christmas (Baby...

(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...

Hasbro filed a motion Monday to dismiss newscaster Harris Faulkner's right of publicity claim against the toy maker for giving a stuffed hamster toy the same name as her. The defendant contends that because the hamster toy looks nothing like the newscaster and the use of her name alone does not...

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...

Successful Playboy models, Tiffany Selby, Irina Voronina, and Joanna Krupa, have sued a New York strip club, Café Royale, for using their images to promote the venue.  The models complaint includes claims for right of publicity violations (under New York Civil Rights Law §§ 50-51), false...

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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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