Tag: Right of Publicity
Major Victory for Fantasy Sports against College Athletes
Last week while a California trial court let the right of publicity run roughshod over the First Amendment in a case involving a docudrama, an Indiana district court in Daniels v. Fanduel rejected the right of publicity claims brought by former NCAA football players, Akeem Daniels, Cameron Stingily, and Nicolas Stoner against fantasy sports leagues...
The Plot (and Feud) Thickens
On Friday, a California superior court agreed with two-time Oscar winner Olivia de Havilland that her lawsuit against FX Networks could proceed. FX had sought to put a swift end to her lawsuit arising out of her portrayal in the network’s critically acclaimed miniseries, Feud. The series chronicled the longstanding conflict between Joan Crawford and...
Jazz Great Thelonious Monk’s Heir Objects to Brother Thelonious Beer
Earlier this week, Thelonious Monk, Jr. filed a lawsuit against North Coast Brewing Co. in the federal district court of California for allegedly using his father, the great jazz musician Thelonious Monk’s name, likeness, and image on its beer labels, for its brand name, and in advertising and marketing the ale without permission. The complaint...
Another Actor Fights Back Against Nude Photos
An unknown, but allegedly famous television actress has sued a website for posting nude photographs of her on its website and using her name to drive traffic to a pornographic site. The complaint in Jane Doe v. Roe Corporation was filed in a Los Angeles superior court. It alleges a violation of California Civil Code...
Olivia de Havilland Back in the Spotlight
One of Hollywood’s most successful plaintiffs and actresses is at it again. Olivia de Havilland, the two-time Oscar winner, who appeared in such Hollywood classics as Gone with the Wind and The Heiress, has sued FX Networks and Ryan Murphy in California Superior Court over her portrayal in its miniseries Feud. She claims that the...
New York Legislature Feels the Heat and Pulls Right of Publicity Bill
Feeling the heat from many different sides, the New York legislature today smartly pulled the seriously flawed right of publicity bill (with the SAG-AFTRA provision that undermined the statutory speech protections). As Professors Christopher Sprigman, Christopher Buccafusco, and I wrote in an editorial in the Albany Times-Union, the proposed bills posed a serious threat to...
New York Legislature Amends Right of Publicity Bill for the Worse
Today the New York Legislature amended its proposed right of publicity bill, A08155, and not for the better. Instead, it added language that undermines statutory protections for expressive works. The bill is deeply flawed to begin with and this only makes matters worse--far worse. The amendment would deny a defense to the use of a...
Letters Submitted in Opposition to Proposed New York Right of Publicity Bill
Today, I submitted a letter opposing the current draft of a "right of publicity" bill being rushed through the New York legislature before it closes up shop for the summer. Since my earlier post about the bill SAG-AFTRA has proposed adding language that would eviscerate the exemptions in the bill making it even more urgent...
New York Once Again Floats Right of Publicity Law
The New York Assembly introduced yet another right of publicity bill last week, Assembly Bill A08155. Such legislation is introduced almost every year in New York―focused on trying to add a post-mortem right which currently does not exist under New York law. Thus far, these bills have all failed to proceed. This time may be...
Louisiana Right of Publicity Moves Forward
The proposed “Allen Toussaint Legacy Act” has passed another hurdle in the Louisiana legislature. The bill passed the House last week and was sent to the Senate Judiciary Committee yesterday. The Act is named after the famed New Orleans musician, songwriter and producer, who died in 2015. The proposed law provides individuals with a “property...