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Right of Publicity? First, Let Me Take a Selfie

“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the shot using his Samsung smartphone during a visit to the...more

Can Private Photos Be Used In Political Ads Without Permission? Colorado Court Rejects Gay Couple’s Misappropriation Claim;...

When we upload family pictures to the internet, we understand that, in theory, anyone in the world might download them and use them for some nefarious purpose. However, we usually take comfort in the fact that most of us...more

Keeping Privates Private: The Legal Landscape of Revenge Porn

Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 27, 2014

Moore v. Lightstorm Entertainment, USDC, D. Maryland, January 17, 2014 - District court grants summary judgment dismissing screenwriter’s copyright infringement claims against producers of motion picture Avatar,...more

When Does the Right of Publicity Trump a Video Game Maker’s First Amendment Rights?

On September 24, 2013, Electronic Arts, Inc. (“EA”) reached a $40 million dollar settlement of lawsuits over the use of college athletes’ likenesses in EA’s popular college football video game series NCAA Football. EA also...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 24, 2013

Lewis v. Activision Blizzard, USDC, N.D. Cal, October 17, 2013 - District court grants summary judgment against former employee “game master” of defendant videogame company, finding that sound recordings of employee...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 27, 2013

Capitol Records, LLC v. Vimeo, LLC, USDC, S.D.N.Y., September 18, 2013 - District court grants in part and denies in part video-sharing website’s summary judgment motion for safe harbor protection under the DMCA for...more

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases

Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 9, 2013

Brown v. Electronic Arts, Inc., USCA, Ninth Circuit, July 31, 2013 - Ninth Circuit affirms dismissal of NFL great Jim Brown’s Lanham Act claim against video game developer Electronic Arts, Inc., concluding that Rogers...more

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases...more

Football & Free Speech: Third Circuit Vidgame Decision Has Broader Implications for Reality-Based Works

42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more

Leggo My Likeness, Part Four

There are so many fun things you can do with celebrities. In addition to the traditional things like writing books about them, you can also use their catchphrases to make greeting cards; make movies about them using puppets;...more

Electronic Arts Takes One In The Kisser

For some time now, Electronic Arts–purveyor of sports video games–has been embroiled in disputes relating to using the likenesses of former college athletes without providing them appropriate remuneration. There has been the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - November 7, 2012

Table of Contents: ..Washington v. Take-two Interactive Software, Inc., et al. California appellate court affirms anti-SLAPP dismissal of misappropriation claim brought against Grand Theft Auto developers....more

Celebrities Protected by 'Right of Publicity'

Star gazing takes on new meaning in New Mexico as the state’s film industry continues to grow. You might spot stars like Johnny Depp, Lou Diamond Phillips, Arnold Schwarzenegger and Juliet Lopez in Albuquerque since...more

Luck of the Draw

Let me first say that I love football and I went to Stanford. But not when Stanford had good football teams, no, no. I went to Stanford when we were lucky to win 4 games in the season. So the recent, phenomenal success of...more

Learning the Rights and Wrongs of Commercial Speech

Michael Jordan recently learned that his achievements on the basketball court do not translate into success in court when his opponent is the First Amendment. In a ruling against Mr. Jordan, a federal judge in Chicago...more

Life After Death - Right of Publicity Law

Society is consumed with celebrity. We can survey Hollywood marriages and divorces, analyze Golden Globe wardrobe choices and comment upon the latest Lindsey Lohan foible. It is not surprising that many artists have channeled...more

First Amendment Defeats Right of Publicity Claims Against Electronic Arts’ NCAA Football Video Games

On Sept. 9, 2011, Judge Freda Wolfson of the United States District Court for the district of New Jersey issued a 67 page opinion that is not only the latest in a series of decisions involving Electronic Arts’ (EA) sports...more

Jackson Walker VIA Media Postcard - June 2011

In This Issue: - Nancy Hamilton's Notes Changing Times: From O.J. to Casey and Cameras in the Courtroom -The public's understanding and faith in the judicial branch is bolstered by more access to trials via cameras in...more

5 Things to Consider Before Firing Back at Online Critics

Defamation and/or libel are generally untrue statements that damage your reputation. But if the negative comments are true, then you may not have recourse. Additionally, there are exceptions to defamation, one of which is...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - March 9, 2011

Table of Contents: • Best v. Berard • Lapine v. Seinfeld Best v. Berard, USDC N.D. Illinois, March 3, 2011 • In right of publicity action relating to reality TV show Female Forces, court grants defendants’ motion...more

Reaching from the Grave, Should Publicity Rights End Upon Death?

Over the years, several businesses have tried to gain a competitive edge by associating their products with famous celebrities… but without obtaining licenses. There has been the “Bogart” collection of furniture sold by...more

Jackson Walker VIA Media Postcard - January 2011

In This Issue: Stacy Allen Speaks: Monetizing A Virtual Identity – The recent class action case Keller v. Electronic Arts seeks to clarify the lines between the right to publicity, copyright law, and the right to free...more

'That's Hot' (as in Stolen): Paris Hilton v. Hallmark Cards on Right of Publicity Law

Hollywood socialite Paris Hilton is best known for her flamboyant lifestyle and reality television show, "The Simple Life." She is now also the topic of conversation around law firm water coolers, and not just for her recent...more

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