Tag: Right of Publicity
De Havilland Seeks Review of Feud Decision
Olivia de Havilland's lawyers have filed a petition seeking review in the California Supreme Court of a California Court of Appeal's recent decision holding that the First Amendment bars her false light and right of publicity claims arising out of the use of a character based on her in FX's docudrama Feud. Her lawyers challenge...
Texas Appellate Court Strikes Down State’s Revenge Porn Law
This week a Texas Court of Appeals in Ex Parte Jones struck down the state’s law making it a criminal offense to “disclose intimate visual material” without the permission of the person depicted when that person expected the image to remain “private.” Texas Penal Code § 21.16 (b) The appellate court held that the law...
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...
First Amendment Protects Use of Olivia de Havilland in FEUD Docudrama
In a resounding victory for FX, the California Court of Appeal today reversed the trial court’s decision in de Havilland v. FX Networks on all counts. The panel held that the anti-SLAPP motion to strike de Havilland's claims should have been granted both as to the right of publicity and false light claims. The three-judge...
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...
New York Times Article on De Havilland Case
Paul Brownfield's article on Olivia de Havilland's lawsuit against FX Network was published in Sunday's New York Times Style Section. It has a wonderful interview with Ms. de Havilland that explains more about her views on the lawsuit. It also has some commentary from me related to the case. My op-ed, in print, the same...
L.A. Times Op-Ed: What Does Olivia de Havilland Have Against Allison Janney?
My op-ed on the Olivia de Havilland v. FX Networks lawsuit, currently on appeal in California, has been published by the Los Angeles Times and will appear in Sunday's print edition just in time for this year's Oscar's ceremony. If de Havilland succeeds, movies that tell unuathorized stories about real people may be a thing...
“Simpsonized” Animated Character Held Transformative
Earlier this week, the California Court of Appeal gave a Valentine’s Day present to Twentieth Century Fox, by throwing out a right of publicity lawsuit brought by Frank Sivero. Sivero, a film actor, best known for his work playing mafiosos, objected to a recurring character in the animated television series, The Simpsons, that he claimed...
Thelonious Monk Estate Survives Motion to Dismiss by Brewery
Yesterday, a federal district court in California rejected North Coast Brewing Co's motion to dismiss the right of publicity and false endorsement claims brought by the estate of Thelonious Monk. The estate objects to the company's use of jazz legend Monk's name and likeness on its Brother Thelonious beer. As I wrote in a detailed...