Tag: Right of Publicity

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...
Continue reading

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...
Continue reading

Character in WOLF OF WALL STREET Does Not Violate Real Person’s Publicity Rights

On September 30, 2015, a federal district court in New York dismissed a right of publicity claim brought by former Stratton Oakmont employee, Andrew Greene.  Greene was featured in convicted felon Jordan Belfort's memoir upon which the Martin Scorsese movie was based. The movie, however, did not use the plaintiff's name or likeness, but instead...
Continue reading

Ninth Circuit Denies Rehearing in Davis v. Electronic Arts

The Ninth Circuit denied rehearing in its controversial decision in Davis v. Electronic Arts that the use of real professional athletes identities in a video game was not protected by the First Amendment.  This decision leaves at risk numerous expressive and nonfiction works that include portrayals of historical fiction.  For a detailed analysis of why...
Continue reading