Tag: Right to Privacy
50 Cent’s Right of Publicity Claim Preempted by Copyright Law
Earlier this week, the Second Circuit, in an opinion penned by Judge Pierre Leval, held that a right of publicity claim by rap artist Curtis James Jackson III, better known as 50 Cent, was preempted by federal copyright law. The claim was brought under Connecticut law and arose out of Jackson’s objection to the use...
New York Reintroduces Much Improved Postmortem Right of Publicity Bill
During its usual off-season, the New York legislature is revisiting its multi-year efforts to add new sections to its civil rights law and in particular to add a postmortem provision to state law. This latest version would add two sections to NY's Civil Rights Law, what it dubs a new “right of publicity” and a...
Pennsylvania District Court Holds Right of Publicity Claims Barred by Communications Decency Act Section 230
A federal district court in Pennsylvania granted Facebook, Imgur, and Reddit’s respective motions to dismiss claims that they had violated Karen Hepp’s common law and statutory rights of publicity under Pennsylvania law. The Court held her claims barred by the Communications Decency Act (“CDA”)'s Section 230, 47 U.S.C. § 230. The case arose when Ms....
New York Trial Court Allows Right of Publicity Case to Proceed Against TV Docudrama
Once again a New York court has allowed Christopher Porco (hereinafter “Chris”) and his mother, Joan Porco, to proceed with their right of publicity claims brought under New York Civil Rights Law § 51 arising out of a Lifetime docudrama. Chris and Joan object to the use of their names and identitites in the film...
Ariana Grande Sues Forever 21 over Social Media Posts
Last week pop sensation Ariana Grande filed a lawsuit against Forever 21 for violation of both her statutory and common law right of publicity under California law, as well as for trademark infringement and false endorsement under the Lanham Act, and a copyright infringement claim. The claims arise out of the use of Grande's identity...
New York Legislative Session Ends With No Vote on Right of Publicity Bill
The New York legislature closed its session without taking up the proposed right of publicity and privacy bill.
In final hours, New York Makes Last Minute Changes to Right of Publicity Bill
Apparently dropping around midnight Sunday, the New York legislature made a set of last-minute changes to the proposed right of publicity bill. The amendments focused solely on addressing broadcasters' concerns that remasters of existing works would violate the newly proposed "digital replica" right. Such remastering is now excluded from the provision. This change does nothing...
Letters and Statements of Opposition Filed Against Proposed New York Right of Publicity Bills
I sent a letter to members of the New York legislature and their staff today opposing the proposed right of publicity bills that have been introduced in the Senate and Assembly. I focus on four major concerns with the legislation: 1) the proposed redefinitions of the right of privacy and right of publicity, (2) the creation...
New York Assembly Revises Right of Publicity Bill to Match Flawed Senate Version
Today, the New York Assembly introduced an amended version of its proposed right of publicity bill. It is virtually identical (with only minor changes) to the senate bill introduced a few weeks ago, and contains no improvements or fixes from the highly flawed senate bill. This amended version unfortunately shares the chaos, confusion, and problems...
New York Reintroduces Right of Publicity Bill with Dueling Versions
Last week the New York Senate introduced a substantially revised version of a right of publicity bill, S5959. There are many promising improvements in this draft from the earlier assembly version (reintroduced in February), but also a lot of concerns raised by the draft. I am told that the Assembly will be introducing a different...