Tag: Right to Privacy

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...

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...

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...