Category Archives: right of publicity

NFL Films protected by First Amendment against players’ right of publicity claims

Posted on October 14, 2014 by rtushnet

Dryer v. National Football League, No. 09-2182 (D. Minn. Oct. 10, 2014) There are two alternatives when it comes to the right of publicity, it seems to me.  Either we will limp along with a special rule for video games … Continue reading →

Posted in commercial speech, first amendment, http://schemas.google.com/blogger/2008/kind#post, preemption, right of publicity, trademark | Leave a comment

Sneak peek at the new edition of Advertising & Marketing Law: Cases and Materials

Posted on August 15, 2014 by rtushnet

Eric Goldman has put the Right of Publicity chapter from the new edition of our casebook up at SSRN.  More to come soon! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in my writings, right of publicity, teaching | Leave a comment

IPSC part 4: copyright (and a bit on the right of publicity)

Posted on August 7, 2014 by rtushnet

Second Breakout Session Copyright Fair Use Raw Materials and Creative Works Andrew Gilden Raw materials concept is part of transformativeness in copyright and right of publicity cases.  Project: Examining the application and meaning of this concept.  Noticeable differences—cases seem to … Continue reading →

Posted in copyright, fan fiction, http://schemas.google.com/blogger/2008/kind#post, presentations, right of publicity | Leave a comment

Your daily unauthorized use

Posted on July 4, 2014 by rtushnet

Geisinger Medical Center is expanding.  Here’s one of the images of what the new version will look like: Okay, but who are those handsome devils (also in Slide 17 of the Geisinger slide show)? Could it be Sam and Dean … Continue reading →

Posted in right of publicity, trademark | Leave a comment

Next Great Copyright Act Conference, quasi-copyright

Posted on April 4, 2014 by rtushnet

Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading →

Posted in cmi, contracts, copyright, drm, http://schemas.google.com/blogger/2008/kind#post, music, preemption, presentations, right of publicity, trademark | Leave a comment

Relevant to my interests: Jensen Ackles and the right of publicity

Posted on March 27, 2014 by rtushnet

It is a truth universally acknowledged that Jensen Ackles is a very attractive man.  So attractive that he tends to show up in a variety of advertising contexts that, I suspect, his agent does not know about.  Consider this example, … Continue reading →

Posted in fanworks, http://schemas.google.com/blogger/2008/kind#post, right of publicity, trademark | Leave a comment

Price claims are puffery, but fake Facebook page could be actionable

Posted on March 4, 2014 by rtushnet

Imagine Medispa, LLC v. Transformations, Inc., 2014 WL 770810, No. 2:13–26923 (S.D. W. Va. Feb. 26, 2014) The parties compete in the medical weight-loss and skin care industry, in overlapping geographic areas. Plaintiff David Rubio owns Imagine. Plaintiffs alleged that … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, right of publicity, tortious interference, trademark | Leave a comment

Image advertising is commercial speech

Posted on February 20, 2014 by rtushnet

Jordan v. Jewel Food Stores, Inc. — F.3d —-, 2014 WL 627603 (7th Cir. Feb. 19) When a commemorative magazine issue celebrating Michael Jordan’s career carries ads referencing that career, how should right of publicity and Lanham Act claims, and … Continue reading →

Posted in commercial speech, first amendment, right of publicity, trademark | Leave a comment

WIPIP: IP theory

Posted on February 9, 2014 by rtushnet

Session 4: IP Theory, Parlor B Annemarie Bridy, Internet Payment Blockades Wikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard.  Wikileaks ran through cash reserves in less than a year and suspended publication.  … Continue reading →

Posted in copyright, design patent, http://schemas.google.com/blogger/2008/kind#post, patent, right of publicity, trademark | Leave a comment

Transformative work of the day?

Posted on February 8, 2014 by rtushnet

Jane Perkins makes collage art from found objects.  How should we think about the copyright, TM, and right of publicity implications of these: See more at these links and the artist’s site, where a print of the latter is available. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in http://schemas.google.com/blogger/2008/kind#post, right of publicity, trademark | Leave a comment