Tag Archives: right of publicity

Student athletes lose another right of publicity claim

Posted on June 11, 2015 by rtushnet

Marshall v. ESPN Inc., No. 14-01945 (M.D. Tenn. Jun. 4, 2015)   Current and former student athletes who played NCAA football or basketball sued college conferences, networks, and licensors for violating their rights of publicity and foreclosing them from the … Continue reading →

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The dangers of only arguing one half of 43(a)

Posted on April 29, 2015 by rtushnet

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading →

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8th Circuit dismisses right of publicity claim as copyright preempted

Posted on April 23, 2015 by rtushnet

Ray v. ESPN, Inc., No. 14-2117 (8th Cir. Apr. 22, 2015)   Steve “Wild Thing” Ray wrestled professionally in the Universal Wrestling Federation (UWF) from 1990 to 1994. ESPN obtained films of his wrestling matches and re-telecast them without his … Continue reading →

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Campbell conference: IP and cultural expression

Posted on April 18, 2015 by rtushnet

Panel VI. IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon)   Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, … Continue reading →

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