Tag: First Amendment
Prince’s Death Sends Minnesota Legislature into Overdrive
Yesterday, the Minnesota legislature introduced a rushed bill to protect a right of publicity in that state and particularly to extend post-mortem rights in that state. The bill came on the heels of the recent death on April 21st of the famous recording artist and composer Prince (aka Prince Rogers Nelson). Prince apparently died without...
Supreme Court Denies Review of Davis v. Electronic Arts
This morning the Supreme Court denied certiorari in Davis v. Electronic Arts, Inc. This case from the Ninth Circuit rejected a First Amendment defense to right of publicity claims when the videogame Madden NFL depicted professional football players without their permission. I and many other intellectual property and constitutional law scholars had called on the...
Eighth Circuit Tosses NFL Players’ Lawsuit
Today, the United States Court of Appeals for the Eighth Circuit affirmed a district court’s summary judgment against NFL players in Dryer v. NFL. The underlying lawsuit involved objections by players to the use of their names and likenesses in NFL game footage and additional interviews in NFL-produced historical documentaries about “significant games, seasons, and...
Ninth Circuit Tosses Hurt Locker Case
Today the Ninth Circuit finally decided Sarver v. Chartier. The court affirmed the district court’s holding that the alleged use of Sergeant Jeffrey Sarver’s identity in the Academy-Award winning film The Hurt Locker is protected by the First Amendment. The ultimate holding that the use of a real person’s identity in an expressive work, like...
NFL Player Pierre Garcon Drops Right of Publicity Suit Against FanDuel
Yesterday, Pierre Garcon dropped his class action against FanDuel for using his and other NFL players' names and likenesses in fantasy football games. It is not clear yet whether some sort of settlement was reached or if so, what monetary payout might have been made. Garcon may also have decided that the case would be...
The Ninth Circuit Resurrects Sarver
On Christmas Eve, the Ninth Circuit Court of Appeals resubmitted Sarver v. Chartier for consideration. I posted earlier about this long-lingering right of publicity lawsuit arising out of the Academy-Award winning film The Hurt Locker. If the Supreme Court grants certiorari in Davis v. Electronic Arts—a case being discussed in conference later this week—look for...
The Eleventh Circuit Allows Use of Rosa Parks’ Name and Image on Merchandise
Today, the Eleventh Circuit rejected a lawsuit by the Rosa Parks Institute—which owns the rights to the deceased Park’s name and likeness. The case involved the Target retail chain’s selling of books, and a movie about Rosa Parks, as well as a commemorative plaque that contained her and Martin Luther King’s images, an inspirational quote...
Players Associations File Brief Supporting Reversal in Maloney
Earlier this week the NFL, MLB, NHL and MLS players associations filed an amicus brief supporting the NCAA student-athletes' appeal from a decision that held that their right of publicity claims were preempted by copyright law. The student-athletes objected to the sale of photographs that were licensed by the NCAA and that included images of...
Sarver Tells Ninth Circuit – Hey, Don’t Forget About Me!
In a letter filed this week in the Ninth Circuit, Sarver’s attorney reminds the Ninth Circuit that this case, which was argued on May 9, 2013, still has not been decided by the Court of Appeals. Sarver v. The Hurt Locker, LLC, involves a right of publicity claim (among other claims) for the alleged use...
Respondents File Brief in Supreme Court in Davis v. Electronic Arts
Michael Davis and the other retired football players who sued Electronic Arts for the use of their identities in Madden NFL filed their opposition brief today in the Supreme Court. They argue against granting certiorari in the case. The Ninth Circuit previously held that the alleged use of the players' identities is not protected by...