Right of Publicity

Defamation Lawsuit against Baby Reindeer Survives Motion to Dismiss

The court held that plaintiff, Scottish law graduate Fiona Harvey, sufficiently pled that the series was “of and concerning” her and published with actual malice. Key to the court’s ruling was an opening title card stating “this is a true story” which it found outweighed a disclaimer at the end of each episode that the…

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

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.

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

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).

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

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.

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

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.

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

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.

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

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.

New York State Appellate Court Rejects Defamation and Right of Publicity

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.

New York Right of Privacy/Publicity Legislation Dead for 2019

2 Milly Sues Epic Games Over Fortnite Dance Moves