Resources

In coming months this page will have additional right of publicity resources.

Jennifer E. Rothman, “The Inalienable Right of Publicity,” 101 Georgetown Law Journal 185 (2012)

Jennifer E. Rothman, “Copyright Preemption and the Right of Publicity,” 36 U.C. Davis Law Review 199 (2002)

Supreme Court Sides with Jack Daniel’s in Trademark Case

Bad Spaniel Jack Daniels bottle trademark false endorsement publicity case

Today's Supreme Court decision in Jack Daniel’s Properties, Inc. v. VIP Products, 599 U.S. __ (2023), will influence not only trademark cases to come, but also false endorsement and right of publicity cases. As you may already know,...

Second Circuit Holds that Copyright Law Preempts Publicity Claims Against Sirius XM

right of publicity melendez stuttering john howard stern sirius xm

On October 4th, in Melendez v. Sirius XM Radio, Inc., the Second Circuit held that copyright law preempted a performer’s right of publicity claims arising out of Sirius XM’s rebroadcasting and promotion of past Howard Stern shows. The...

Cardi B Wins Jury Verdict against Tattooed Plaintiff

On October 21st, in Brophy v. Almanzar, a jury sided with recording artist Cardi B (aka Belcalis Alamanzar) and rejected a lawsuit brought against her by Kevin Michael Brophy. The dispute arose out of the use of Brophy’s...