Tag: Legislation
U. S. Copyright Office Considers a Federal Right of Publicity
In a report issued on April 23rd by the Register of Copyrights, the U.S. Copyright Office suggests that the lack of uniformity in state right of publicity laws may require Congressional intervention. The call for Congress to consider such a right arose in the course of a 107-page report issued by the office on the...
Emotional Distress Award Affirmed for Model in California
NOTE: This post has been updated to reflect the withdrawal of the original appelalte opinon and its replacement with one filed on December 27, 2018. The only difference is that the new decision affirmed rather than reversed the trial court's holding with regard to there being no prevailing party for purposes of recovering statutory attorney...
Seventh Circuit Dismisses Athletes’ Case in Fantasy Sports Suit
Yesterday, the Seventh Circuit ended the Daniels v. Fanduel case. Several former college athletes had sued over the use of their names, images, and statistics in online fantasy sports games―in particular uses by FanDuel and DraftKing. The plaintiffs alleged that the uses violated their right of publicity under Indiana law. The district court had rejected...
New York Legislature Deluged with Letters Opposing Right Of Publicity Bill
Dozens of letters opposing the recently reintroduced and amended version of a right of publicity bill in New York have already been submitted to members of the New York legislature. Letters so far include ones by: The Media Coalition, New York State Broadcasters Association, Association of Magazine Media, Getty Images, Shutterstock, Motion Picture Association of...
New York Right of Publicity Bill Resurrected Again
Once again as the New York legislature nears the end of its term for the year, the Assembly is trying to push through an ill-thought-out right of publicity bill without allowing for hearings and public debate on the bill. An amended version of the bill was introduced yesterday. The amended version suffers from most of...
Lohan Loses Yet Another Right of Publicity Claim
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 claimed that the video game...
Louisiana Reintroduces Right of Publicity Bill
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 Procedure.
Seventh Circuit Certifies Question to Indiana Supreme Court in Fantasy Sports Case
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 companies FanDuel and DraftKings. An Indiana district court dismissed the case last...
Fox Moves for a TKO in Lawsuit Brought by Muhammad Ali Estate
Earlier this week Fox filed motions for judgment on the pleadings and an Anti-SLAPP motion to strike in the case brought last fall against it for airing a tribute to the recently deceased boxing great Muhammad Ali before its broadcast of the 2017 Superbowl. I previously expressed the view that the lawsuit should be tossed...
Amazon Beats Right of Publicity Claim for Use of Photograph on Book Cover
Last week the Sixth Circuit Court of Appeals in Roe v. Amazon held that booksellers Amazon.com, and Barnes & Noble (among others) could not be held liable for violating the privacy and publicity rights of a couple whose image was used without permission on the cover of an erotic novel displayed on those companies’ websites....