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)

Federal Right of Publicity Takes Center Stage in Senate Hearing on AI

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On July 12th, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held its second hearing about artificial intelligence (AI) and intellectual property, this one was to focus expressly on “copyright” law. Although copyright was mentioned many times during...

Supreme Court Sides with Jack Daniel’s in Trademark Case

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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

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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...