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Full-Text Articles in Law
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Journal of Intellectual Property Law
No abstract provided.
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Journal of Intellectual Property Law
No abstract provided.
Pwnd Or Owned? The Right Of Publicity And Identity Ownership In League Of Legends, Adam Levy
Pwnd Or Owned? The Right Of Publicity And Identity Ownership In League Of Legends, Adam Levy
Pace Intellectual Property, Sports & Entertainment Law Forum
E-sports is a new and growing form of entertainment, where gamers at the peak level of their skill compete for prestige and prizes. The contracts these athletes have are evident of a problem within the legal field of the right of publicity: there are few, if any, protections for individuals who want to license their right of publicity. The growth of E-sports has shown us the caveat emptor approach taken by courts does not adequately protect the licensee from having their privacy intruded upon. Adopting a set of standards for licensing the right of publicity would protect the privacy of …
The Wrong Of Publicity, Albert Vetere
The Wrong Of Publicity, Albert Vetere
Pace Intellectual Property, Sports & Entertainment Law Forum
The right of publicity has been, since at least 1977, a recognized concept. It was used, much like the other areas of intellectual property law to protect what a person had worked hard to create, in this case the concept of themselves. Their creativity in making themselves known and in having an "act" was worth protecting. However, the right of publicity has drastically changed since its conception. What is has become in the past almost forty years is a strange amalgamation of concepts, protected by laws that were never meant to be used to protect it in the first place. …
The Celebrity Behind The Brand International Protection Of The Right Of Publicity, Eliana Torres
The Celebrity Behind The Brand International Protection Of The Right Of Publicity, Eliana Torres
Pace Intellectual Property, Sports & Entertainment Law Forum
Part I of the article provides an overview of the right of publicity and its history. It presents the importance of this right, particularly for celebrities, and it focuses on the influence of the entertainment and sports industries in a global economy. Then, it analyzes the major differences in level of protection, scope and length, starting with the United States. Then it uses the standard in the United States and compares it with the protection offered in 22 selected jurisdictions based on a survey report by Kenyon & Kenyon titled Getting the Deal Through. Then, it addresses potential challenges to …
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Journal of Intellectual Property Law
No abstract provided.
The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard
The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard
Journal of Intellectual Property Law
No abstract provided.
The Air Jordan Rules: Image Advertising Adds New Dimension To Right Of Publicity–First Amendment Tension, Stephen Mckelvey, Jonathan Goins, Frederick Krauss
The Air Jordan Rules: Image Advertising Adds New Dimension To Right Of Publicity–First Amendment Tension, Stephen Mckelvey, Jonathan Goins, Frederick Krauss
Fordham Intellectual Property, Media and Entertainment Law Journal
Every year, corporations spend on average nearly thirty-five billion dollars on sports-related marketing, ranging from stadium naming rights and promotional sponsorships, to commercials and endorsement deals. In mining through some of the potential legal traps, corporate advertisers understand that utilizing the name, image, or likeness of athletes or celebrities in marketing and promotional campaigns requires some form of consent and compensation. Corporations hire lawyers for “advertising clearance”: to ensure that slogans, logos, and images are available for use, and that video and music in audio-visual recordings are otherwise licensed. The concept of getting permission or authorization is relatively straight-forward. However, …
Bullying And Opportunism In Trademark And Right-Of-Publicity Law, Stacey Dogan
Bullying And Opportunism In Trademark And Right-Of-Publicity Law, Stacey Dogan
Faculty Scholarship
Lawyers, scholars, and even Congress have lately expressed concern about so-called “trademark bullies” — trademark holders that assert tenuous legal claims against vulnerable defendants, who often capitulate rather than incurring the expense and uncertainty of litigation. At the same time, we’ve witnessed right-of-publicity claims for acts that never would have raised an eyebrow a few decades ago. Complaints about bullying and overreaching are largely anecdotal rather than empirical, so it’s hard to gauge the extent of the behavior and to measure its costs. But the fact that it has attracted so much attention suggests a perception, at least, that some …
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Journal of Intellectual Property Law
No abstract provided.
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
Journal of Intellectual Property Law
No abstract provided.
There Is No "I" In Ncaa: Why College Sports Video Games Do Not Violate Colelge Athletes' Rights Of Publicity Such To Entitle Thme To Compensation For Use Of Their Likenesses, Mary Catherine Moore
There Is No "I" In Ncaa: Why College Sports Video Games Do Not Violate Colelge Athletes' Rights Of Publicity Such To Entitle Thme To Compensation For Use Of Their Likenesses, Mary Catherine Moore
Journal of Intellectual Property Law
No abstract provided.
"Hasta La Vista, Funny Guys": Arnold Schwarzenegger's Fictional Voice Misappropriation Lawsuit Against Comedians Imitating His Voice And The Case For A Federal Right Of Publicity Statute, Blair Joseph Cash
Journal of Intellectual Property Law
No abstract provided.
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Journal of Intellectual Property Law
No abstract provided.
Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits
Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Catching Smoke, Nailing Jell-O To A Wall: The Vanna White Case And The Limits Of Celebrity Rights, David S. Welkowitz
Catching Smoke, Nailing Jell-O To A Wall: The Vanna White Case And The Limits Of Celebrity Rights, David S. Welkowitz
Journal of Intellectual Property Law
No abstract provided.
When The Lifeblood Of Competition Creates A Likelihhood Of Confusion: Waits V. Frito-Lay, Inc, Jennifer L. Howell
When The Lifeblood Of Competition Creates A Likelihhood Of Confusion: Waits V. Frito-Lay, Inc, Jennifer L. Howell
Journal of Intellectual Property Law
No abstract provided.
The Right-Of-Publicity Challenges For Tattoo Copyrights, Yolanda M. King
The Right-Of-Publicity Challenges For Tattoo Copyrights, Yolanda M. King
Nevada Law Journal
No abstract provided.
The Other Side Of Garcia:The Right Of Publicity And Copyright Preemption, Jennifer E. Rothman
The Other Side Of Garcia:The Right Of Publicity And Copyright Preemption, Jennifer E. Rothman
All Faculty Scholarship
This essay is adapted from a talk that I gave on October 2, 2015 at Columbia Law School’s annual Kernochan Center Symposium. The all-day conference focused on Copyright Outside the Box. The essay considers the aftermath of Garcia v. Google, Inc., and the Ninth Circuit’s suggestion in that case that Garcia might have a right of publicity claim against the filmmakers, even though her copyright claim failed.
The essay provides a partial update of my prior work, Copyright Preemption and the Right of Publicity, 36 U.C. Davis L. Rev. 199 (2002), and suggests that despite numerous cases over …