News & Commentary

April 20, 2018 11:00 am PT
texas revenge porn right of publicity first amendment unconstitutional
This week a Texas Court of Appeals in Ex Parte Jones struck down the state’s law making it a criminal offense to “disclose intimate visual material” without the permission of the person depicted when that person expected the image to remain “private.”  Texas Penal Code § 21.16 (b) The...
April 6, 2018 9:00 pm PT
lohan take two interactive gravano right of publicity new york grand theft auto lawsuit court of appeals
The actor Lindsay Lohan continued her losing streak with another right of publicity lawsuit being tossed out. Last week the New York Court of Appeals in Lohan v. Take-Two Interactive Software, put to bed her claim against the makers of the video game Grand Theft Auto V (GTAV). Lohan had...
March 26, 2018 2:00 pm PT
right of publicity de havilland fx feud false light catherine zeta jones california appeals opinion
In a resounding victory for FX, the California Court of Appeal today reversed the trial court’s decision in de Havilland v. FX Networks on all counts.  The panel held that the anti-SLAPP motion to strike de Havilland's claims should have been granted both as to the right of publicity and false...
March 8, 2018 4:15 pm PT
louisiana toussaint bill right of publicity legislation pending
On February 28, 2018, Louisiana reintroduced a draft right of publicity bill titled the Allen Toussaint Legacy Act. I have written about efforts to pass such a bill in Lousiana previously.  Those efforts thus far have failed. The new bill is currently with the Committee on Civil Law and...
March 7, 2018 11:15 am PT
fanduel draftkings right of publicity daniels ncaa student athletes seventh circuit first amendment indiana
Today, the Seventh Circuit with lightening speed issued an opinion in the Daniels v. Fanduel case seeking guidance from the Supreme Court of Indiana. The case, which I have previously written about, involves a lawsuit by former college football players against online fantasy-sports...
March 6, 2018 10:45 am PT
Olivia de Havilland FX Networks right of publicity lawsuit false light california rothman
Paul Brownfield's article on Olivia de Havilland's lawsuit against FX Network was published in Sunday's New York Times Style Section. It has a wonderful interview with Ms. de Havilland that explains more about her views on the lawsuit. It also has some commentary from me related to the case. ...
March 1, 2018 11:00 am PT
allison janney los angeles times opinion op-ed right of publicity lawsuit olivia de havilland feud jennifer rothman fx
My op-ed on the Olivia de Havilland v. FX Networks lawsuit, currently on appeal in California, has been published by the Los Angeles Times and will appear in Sunday's print edition just in time for this year's Oscar's ceremony.  If de Havilland succeeds, movies that tell unuathorized stories...
February 15, 2018 12:00 pm PT
simpsons fox sivero goodfellas right of publicity law suit california court of appeal
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 lawsuit brought by Frank Sivero. Sivero, a film actor, best known for his work playing mafiosos, objected to a recurring character in the animated...
February 1, 2018 4:00 pm PT
thelonious monk right of publicity lawsuit north coast brewing co motion to dismiss
Yesterday, a federal district court in California rejected North Coast Brewing Co's motion to dismiss the right of publicity and false endorsement claims brought by the estate of Thelonious Monk. The estate objects to the company's use of jazz legend Monk's name and likeness on its Brother...
January 26, 2018 1:15 pm PT
MPAA SAG IDA and others amicus briefs de havilland right of publicity lawsuit
At least five separate amicus briefs have been filed in the expedited appeal in Olivia de Havilland v. FX Networks. I filed an amicus in this case with a number of other law professors in support of FX Networks. We argue that the First Amendment protects the use of real people,...

Pages