Tag: Communications Decency Act

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....
Continue reading

Amazon Beats Right of Publicity Claim for Use of Photograph on Book Cover

Last week the Sixth Circuit Court of Appeals in Roe v. Amazon held that booksellers Amazon.com, and Barnes & Noble (among others) could not be held liable for violating the privacy and publicity rights of a couple whose image was used without permission on the cover of an erotic novel displayed on those companies’ websites....
Continue reading

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...
Continue reading

Arkansas Resurrects Right of Publicity Bill

The Arkansas legislature has reintroduced a right of publicity bill in the state after last year's bill was vetoed by its governor.  Governor Asa Hutchinson was concerned about the bill's limits on free speech.  Arkansas to date has only recognized a common law right of privacy and the tort of appropriation, tracking the Restatement (Second)...
Continue reading