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Right of Publicity

May 2024

With the ELVIS Act, Tennessee Shows its Burning Love for Recording Artists

David Zeitlin and Robb Harvey

Tennessee, home to both Music City® (Nashville) and the Blues (Memphis), has taken a swing at regulating generative AI’s potential harm to musicians and recording artists.

Oct 2023

Utah State Records Panel Rules that Public Universities Must Disclose NIL Contracts

Jeffrey J. Hunt and Maria J. DeMarco

A government body — perhaps for the first time — has ruled that name, image, and likeness contracts that college athletes submit to public universities are public records and not protected from disclosure under the Family Education Rights and Privacy Act (FERPA).

Feb 2023

California Court of Appeal Affirms Tarantino Movie Does Not Violate Actor’s Right of Publicity

Elizabeth L. Schilken

Affirming a bright line exemption for expressive works from California’s post-mortem right of publicity statute, the Court of Appeal upheld the dismissal of right of publicity claims against the Quentin Tarantino movie Once Upon a Time … in Hollywood.

Jun 2022

News Anchor’s Right of Publicity Claims Can Proceed to Discovery

Tobin Raju

The court recognized Hepp sufficiently alleged that she had spent considerable time and effort cultivating an image, implying, but not expressly holding, her image had commercial value.

Jan 2022

Eleventh Circuit Affirms Dismissal of “Pantless Couponer’s” Privacy Lawsuit

Jennifer A. Mansfield

The Eleventh Circuit's order reaffirms that a federal court need not pretend that an exhibit is something it is not, merely because a plaintiff alleges so in the complaint.

Jun 2021

As Harry And Meghan Become a Hybrid Royal /Celebrity Couple, What If Any Is Their Impact on Celebrity Reporting?

Amber Melville-Brown

The employment of a PR velvet glove around an iron legal fist appears to be the couple’s strategy for elbowing third party reporters and snappers out of the way as they take control of their own images.

Feb 2021

New York State Appellate Court Rejects Defamation and Right of Publicity

Michael J. Grygiel

An intermediate appellate court in New York recently affirmed the dismissal of a complaint asserting a potpourri of tort claims against a community newspaper based on its publication of an archived photograph to illustrate a current news story.