Transformativeness
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
The Third Circuit Upholds First Amendment Defense in Video Game Case
In a nonprecedential opinion the Third Circuit held that the First Amendment insulates the makers of the video game Gears of...
First Amendment Protects Use of Olivia de Havilland in FEUD Docudrama
In a resounding victory for FX, the California Court of Appeal today reversed the ...
“Simpsonized” Animated Character Held Transformative
Earlier this week, the California Court of Appeal gave a Valentine’s Day present to Twentieth Century Fox, by throwing out a right of publicity...
New York Once Again Floats Right of Publicity Law
The New York Assembly introduced yet another right of publicity bill last week, Assembly Bill A08155. Such legislation is introduced almost every year in New York―focused on...
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...