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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 20 of 20
Full-Text Articles in Entertainment, Arts, and Sports Law
Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum
Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum
The University of Cincinnati Intellectual Property and Computer Law Journal
This paper examines the tension between the First Amendment and Publicity Rights considering why and how friction is emerging, the legal underpinnings and theories behind the development of publicity rights and how to reconcile this with values raised in support of the First Amendment. This collision course of rights occurs where property interests have vested in human identity itself which brings us face to face with the outer limits of free speech and expression under the First Amendment and evens tests the notion of how we define speech. The paper takes a dive into some of the currently arising issues …
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.
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.
"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.
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.
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
Loyola of Los Angeles Entertainment Law Review
This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
Pepperdine Law Review
No abstract provided.
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
Touro Law Review
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.
The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota
The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota
Jeffrey S. Moorad Sports Law Journal
The article provides an analysis of the right of publicity under the state laws of New York and California as of September 2012, focusing on the application of the laws to celebrities and the illegal use of their identities in advertising and trade. The New York right to publicity tort laws reportedly protect a celebrity's name, portrait, and voice from unauthorized use by third parties. The New York case Roberson v. Rochester Folding Box Co. is also mentioned.
Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano
Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
J.J. Morrison And His Right Of Publicity Lawsuit Against The Ncaa, Sean Hanlon, Ray Yasser
J.J. Morrison And His Right Of Publicity Lawsuit Against The Ncaa, Sean Hanlon, Ray Yasser
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Extreme Makeover: Redefining Athletes' Identities In A Fantasy World, Robert T. Ferguson Jr.
Extreme Makeover: Redefining Athletes' Identities In A Fantasy World, Robert T. Ferguson Jr.
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
No Room For Cheers: Schizophrenic Application In The Realm Of Right Of Publicity Protection, Jennifer Y. Choi
No Room For Cheers: Schizophrenic Application In The Realm Of Right Of Publicity Protection, Jennifer Y. Choi
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Should The First Amendment Protect Against Right Of Publicity Infringement Actions Where The Media Is Merchandiser? Say It Ain’T So, Joe, Darren F. Farrington
Should The First Amendment Protect Against Right Of Publicity Infringement Actions Where The Media Is Merchandiser? Say It Ain’T So, Joe, Darren F. Farrington
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.