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Full-Text Articles in Law

Rights On Publicity As Remarkably Insignificant, R. George Wright Apr 2019

Rights On Publicity As Remarkably Insignificant, R. George Wright

Cleveland State Law Review

This Article introduces the right of publicity through a brief consideration of high-profile cases involving, respectively, Paris Hilton, human cannonball Hugo Zacchini, and the famous actress Olivia de Havilland. With this background understanding, the Article considers the supposed risks to freedom of speech posed by recognizing rights of publicity in a private party. From there, the Article addresses the nagging concern that the publicity rights cases promote a harmful "celebrification" of culture. Finally, the Article considers whether allowing for meaningful damage recoveries in publicity rights cases appropriately compensates victims in ways promoting the broad public interest.


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 Apr 2018

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 …


Mediated Images Of Violence And The First Amendment: From Video Games To The Evening News, Clay Calvert, Robert D. Richards Nov 2017

Mediated Images Of Violence And The First Amendment: From Video Games To The Evening News, Clay Calvert, Robert D. Richards

Maine Law Review

In July 2004, a federal district court struck down, on First Amendment grounds, a Washington state law that restricted minors' access to video games containing “realistic or photographic-like depictions of aggressive conflict in which the player kills, injures, or otherwise causes physical harm to a human form in the game who is depicted, by dress or other recognizable symbols, as a public law enforcement officer.” The decision was anything but surprising. It followed in the footsteps of recent opinions issued by two federal appellate courts that held unconstitutional similar legislation regulating minors' access to fictional images of violence in video …


By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller Oct 2015

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 …


Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith Jun 2015

Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith

Steven H. Shiffrin

No abstract provided.


Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri Jan 2014

Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri

Michigan Law Review

Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2–1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be “transformed,” the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the …


Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow Dec 2013

Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow

Michigan Telecommunications & Technology Law Review

What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products, …


Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup Apr 2013

Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss Apr 2013

S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips Apr 2013

I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols Apr 2013

Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols

Journal of the National Association of Administrative Law Judiciary

This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.


The End Of Indecency - The Second Circuit Invalidates The Fcc's Indecency Policy In Fox Televisions Stations, Inc. V. Fcc, John V. O'Grady Jan 2011

The End Of Indecency - The Second Circuit Invalidates The Fcc's Indecency Policy In Fox Televisions Stations, Inc. V. Fcc, John V. O'Grady

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Silencing The Crowd: Regulating Free Speech In Professional Sports Facilities, Nick Desiato Jan 2010

Silencing The Crowd: Regulating Free Speech In Professional Sports Facilities, Nick Desiato

Marquette Sports Law Review

No abstract provided.


Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson Jan 2010

Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson

Marquette Sports Law Review

No abstract provided.


Honest To Blog: Balancing The Interests Of Public Figures And Anonymous Bloggers In Defamation Lawsuits, Yang-Ming Tham Jan 2010

Honest To Blog: Balancing The Interests Of Public Figures And Anonymous Bloggers In Defamation Lawsuits, Yang-Ming Tham

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Over And Out: Examining How Cognitive Radio Will Affect First Amendment Restrictions On Broadcast Media, Theresa Skonicki Jan 2009

Over And Out: Examining How Cognitive Radio Will Affect First Amendment Restrictions On Broadcast Media, Theresa Skonicki

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Introduction, John C. Fuller Jan 2009

Introduction, John C. Fuller

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Obscenity Prosecutions And The Bush Administration: The Inside Perspective Of The Adult Entertainment Industry & Defense Attorney Louis Sirkin, Robert D. Richards, Clay Calvert Jan 2007

Obscenity Prosecutions And The Bush Administration: The Inside Perspective Of The Adult Entertainment Industry & Defense Attorney Louis Sirkin, Robert D. Richards, Clay Calvert

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford Jan 2006

First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Band From Hell: An Examinatioin Of Suicide On Stage As Expressive Conduct Under The First Amendment, Elizabeth Cameron Jan 2005

The Band From Hell: An Examinatioin Of Suicide On Stage As Expressive Conduct Under The First Amendment, Elizabeth Cameron

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Buttletproof Speech: Are Political Books Beyond Litigation's Reach, Emily Kirstine Wacker Jan 2005

Buttletproof Speech: Are Political Books Beyond Litigation's Reach, Emily Kirstine Wacker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


City Of Littleton V. Z.J. Gifts D-4, L.L.C.: Are We Losing The First Amendment, Or Just Adult Businesses, Karen Cynn Jan 2005

City Of Littleton V. Z.J. Gifts D-4, L.L.C.: Are We Losing The First Amendment, Or Just Adult Businesses, Karen Cynn

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs Jun 2004

Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs

Washington and Lee Law Review

No abstract provided.


Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White Jan 2004

Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White

Articles

This Essay is a slightly expanded version of the inaugural Mellinkoff Lecture in Law and Humanities, presented at the UCLA School of Law last April in honor of the memory of Professor David Mellinkoff, the distinguished author of ground-breaking work on the nature of legal language. It addresses four related questions. What is the nature of the kind of speech and expression that realizes most completely the human capacity for finding and expressing meaning? How does our own world of public speech measure up to that standard? How, indeed, does our own talk in the law measure up, especially our …


The 2003 Legislative Assault On Violent Video Games: Judicial Realities And Regulatory Rhetoric, Clay Calvert Jan 2004

The 2003 Legislative Assault On Violent Video Games: Judicial Realities And Regulatory Rhetoric, Clay Calvert

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte Jan 2003

Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny Jan 2003

Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny

Marquette Sports Law Review

No abstract provided.


Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau Dec 2002

Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Too Close To Call: The Sufficiency Of Alternative Relocation Sites In Diamond V. City Of Taft, Pauline P. Clark Jan 2002

Too Close To Call: The Sufficiency Of Alternative Relocation Sites In Diamond V. City Of Taft, Pauline P. Clark

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 Jan 2002

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.