Tag: Right to Privacy

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...

DJ Khaled Sues Over Use of His Son’s Name

Last week Khaled M. Khaled, known popularly as DJ Khaled, and the company ATK Entertainment filed a lawsuit objecting to the alleged uses of his son’s name by a clothing company. The complaint (as resubmitted yesterday) alleges violations of trademark law, right of publicity and privacy laws (under N.Y. Civil Rights Law §§50-51), and state...

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...

The Threat Posed to History & Storytellers

In this final guest post, "Real People, Real History, Real Problems," on The Volokh Conspiracy about issues raised in my book, I consider the danger that the right of publicity will block or substantially limit depictions of real people. The expansion of the right of publicity's scope over the last few decades, combined with an...

The Topsy-Turvy Market in Dead People

My post today on The Volokh Conspiracy considers "The Market in Dead People," and the "ghoulish futures market in aging celebrities."  Read it in full here: https://reason.com/volokh/2018/05/10/the-market-in-dead-people This is the fourth of five installments of issues raised by my book, The Right of Publicity: Privacy Reimagined for a Public World.  

Reanimating Actors and the Dangers of a Transferable Right of Publicity

In "Only Robin Wright Should Own Robin Wright," I consider the dangers of the digital reanimation of actors and the creation of a transferable right to one's own name, likeness, and voice. This is the third post on The Volokh Conspiracy considering various issues raised by my just released book, The Right of Publicity: Privacy Reimagined...

Can Privacy Survive the Digital Age?

In my second post on The Volokh Conspiracy on topics related to my book, The Right of Publicity: Privacy Reimagined for a Public World (Harvard Univ. Press 2018), I consider whether privacy can survive the digital age. Much of the story that my book uncovers provides insights into how best to understand and address today's...

Official Release of The Right of Publicity: Privacy Reimagined for a Public World

My book, The Right of Publicity: Privacy Reimagined for a Public World, was officially released today by Harvard University Press. Jack Balkin of Yale Law School has described the book as the "definitive biography of the right of publicity" and as a story told with "zest, explaining how we should restruture this right on our...

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...