NFL

This morning the Supreme Court denied certiorari in Davis v. Electronic Arts, Inc.  This case from the Ninth Circuit rejected a First Amendment defense to right of publicity claims when the videogame Madden NFL...

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...

Yesterday, Pierre Garcon dropped his class action against FanDuel for using his and other NFL players' names and likenesses in fantasy football games. It is not clear yet whether some sort of settlement was reached or if so, what monetary payout might have been made. Garcon may also have decided...

Earlier this week the NFL, MLB, NHL and MLS players associations filed an amicus brief supporting the NCAA student-athletes' appeal from a decision that held that their right of publicity claims were preempted by copyright law. The student-athletes objected to the sale of photographs that were...

In a letter filed this week in the Ninth Circuit, Sarver’s attorney reminds the Ninth Circuit that this case, which was argued on May 9, 2013, still has not been decided by the Court of Appeals. Sarver v. The Hurt Locker, LLC, involves a right of publicity claim (among other claims) for...

Professor Eugene Volokh (UCLA) and I filed a brief today in support of granting certiorari in Davis v. Electronic Arts...

Pierre Garcon and other NFL Players filed suit today in federal district court in Maryland claiming that their names and likenesses were misapproriated in FanDuel's fantasy football game.  The...

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...

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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