Tag: California

More Musicians Object to Uses of their Music in Political Campaigns

Today, Rude Music filed a complaint in a federal district court in Illinois for the use of the song “Eye of the Tiger” by Presidential candidate Mike Huckabee. The song by the band Survivor was the theme song in the movie Rocky III which topped the charts at the time.  Huckabee played the song at...

An Image Protection Service Sues LA Jewelry Store for Using Former Playboy Model’s Likeness

Timed Out LLC, a California company, that advertises its image protection services to models has sued LA Girl Jewelry for using Tiffany Toth's image and likeness in its advertisements. The complaint alleges that Toth assigned her right to sue to Timed Out. This complaint is another in the increasing trend of suits brought by companies...

Constitutional Law and Intellectual Property Law Professors Call on Supreme Court to Review Davis

Professor Eugene Volokh (UCLA) and I filed a brief today in support of granting certiorari in Davis v. Electronic Arts. The brief was signed on to by many leading constitutional law and IP law scholars. We call on the Supreme Court to address the disarray among lower courts about how to analyze the First Amendment...

Another Biopic lawsuit – This Time Straight Outta Compton

With success often comes lawsuits and the movie Straight Outta Compton is no exception. On Friday, the music manager Jerry Heller sued NBC Universal and others involved with the film claiming that the character in the film played by actor Paul Giamatti misappropriates his identity by using his name and likeness. The complaint also alleges...

Another Right of Publicity Suit Against a Strip Club

Yet another right of publicity lawsuit against a strip club was filed yesterday for the alleged use of models' images to promote the club without their permission. This suit was filed in California state court against the Play Pen gentleman’s club in Los Angeles, a venue that unsuccessfully tried to stop the popular video game,...

8th Circuit Appears Divided in Dryer v. NFL Oral Arguments

The oral arguments from last Thursday’s hearing before the 8th Circuit in Dryer highlight a host of flashpoints in right of publicity law. The arguments focused on whether the use of historical film clips constituted commercial speech.  The plaintiffs’ attorney claimed that the use by the NFL was clearly commercial speech and therefore not entitled...

EA Files Cert. Petition in Davis v. Electronic Arts

On Monday, EA filed a Petition seeking Supreme Court review in Davis v. Electronic Arts, 775 F.3d 1172 (9th Cir. 2015).  The video game maker asks the Supreme Court to reverse the Ninth Circuit and hold that the use of realistic depictions of people in expressive works, including video games, is protected by the First...

Aretha Franklin Gets Documentary Film Pulled from Film Festivals

A lawsuit filed by famous recording artist, Aretha Franklin, against a documentary filmmaker, Allan Elliott, led to the pulling of his documentary film, “Amazing Grace,” from the line-ups at numerous prestigious film festivals, including Telluride and Toronto.  Ms. Franklin claims that the film violated her right of publicity by using some concert footage of her...

Decision in O’Bannon v. NCAA Provides Right of Publicity Edge to the NCAA

The Ninth Circuit’s decision last week upholding the application of antitrust laws to the NCAA, has several implications for student-athletes and their rights of publicity.  The appellate court’s holding that the NCAA could retain its rules requiring students to remain amateur means that student-athletes cannot receive compensation for uses of their names or likenesses, or...

Student-Athletes Lose Right of Publicity Claim for Licensed Use of NCAA Photographs

On March 6, 2015, a district court in California held that the student-athletes claims against T3Media for its Paya.com website were preempted by copyright law.  The NCAA gaver T3Media permission to display and sell photographs of NCAA athletes.  In an opinion that only adds to the confusion over how to assess when right of publicity...