Category Archives: right of publicity

Reading list: Without Copyrights

Posted on January 22, 2014 by rtushnet

Robert Spoo, Without Copyrights: Piracy, Publishing, and the Public Domain: An engaging, detailed account of trade courtesy in the US before the US recognized foreign copyrights (including the period when foreign authors could in theory get a US copyright but faced … Continue reading →

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advertising law exam in 140 characters or less

Posted on January 7, 2014 by rtushnet

Film critic’s tweet turned into ad without his consent: violation of the right of publicity?  Grounds for a false endorsement claim?  Or just standard practice for publishers’/studios’ use of reviews?  (This ad is for a product itself protected by the … Continue reading →

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Taking on notorious criminal’s persona is protected by First Amendment

Posted on December 28, 2013 by rtushnet

Ross v. Roberts, No. B242531, 2013 WL 6780578 (Cal. Ct. App. Dec. 23, 2013) Ricky Ross, aka Rick Ross and “Freeway” Ricky Ross, “is a former criminal who achieved some sort of celebrity status due, in part, to the enormous … Continue reading →

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Right of publicity question of the day

Posted on November 26, 2013 by rtushnet

Does this mortgage broker’s ad, quoting Mr. Rogers, violate any right? Text: “If you could only sense how important you are to the lives of those you meet, how important you can be to the people you may never even … Continue reading →

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Soul man is sad man

Posted on November 1, 2013 by rtushnet

Moore v. Weinstein Co., LLC, No.12-5715 (6th Cir. Oct. 31, 2013) Sam Moore, half of the music duo Sam & Dave sued a number of defendants related to the 2008 fim Soul Man and its accompanying soundtrack.  The court of … Continue reading →

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Student-athletes’ right of publicity claims can ground antitrust claims

Posted on October 29, 2013 by rtushnet

In re NCAA Student-Athlete Name & Likeness Licensing Litigation, No. C 09-1967 (N.D. Cal. Oct. 25, 2013)  Plaintiffs, current and former college athletes, sued the NCAA; they also sued Collegiate Licensing Company and Electronic Arts, but settled those claims.  This … Continue reading →

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Trademarks as celebrities?

Posted on October 11, 2013 by rtushnet

Briefly noted, this advice from Fredrikson & Byron PA: “It can be a good thing to think of your trademarks as celebrities and of yourself as their agent, publicist, bodyguard and fan.”  I couldn’t disagree more (though I’m intrigued by … Continue reading →

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This NYT story on mugshot removal has it all

Posted on October 6, 2013 by rtushnet

Mugged by a Mugshot: Right of publicity claims, extortion claims, state-level attempts to deal with for-profit databases whose claims to promote the public interest are made somewhat less plausible by their willingness to pull down the pictures of those who … Continue reading →

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