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Free Speech Right of Publicity

Weintraub Tobin

Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights

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The rise of Deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing....more

Weintraub Tobin

The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights

Weintraub Tobin on

The rise of Deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing....more

Moore & Van Allen PLLC

The Right of Publicity in the Age of Technology, Social Media, and Heightened Cultural Exchange

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Imagine you are a rising social media star. You create a video using a catchy phrase that immediately takes off. The phrase gains national, even global, attention and everyone begins using it. Now, let us say a company uses...more

Dorsey & Whitney LLP

Rights of Privacy and Publicity TOO SMALL to Overcome First Amendment Freedom of Speech

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During the 2016 presidential primaries, then presidential candidates Donald Trump and Senator Marco Rubio exchanged insults, with Trump calling Rubio “Little Marco” and Rubio commenting on the size of Trumps hands. Recently,...more

Sheppard Mullin Richter & Hampton LLP

Celebrity Entertainer Sues Over Video Game Avatar

As real-world celebrities continue to expand the reach of their persona into the digital realm, the potential benefit for advertisers, game developers and esports event promoters is exceedingly high. But with increased...more

Sunstein LLP

May 2019 IP Update: IP Considerations For Distinctive Moves and Other Content in Video Games

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Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more

Fox Rothschild LLP

Supreme Court Protects Expressive Works By Denying Review Of Olivia De Havilland Lawsuit

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Earlier this month, the U.S. Supreme Court refused to review a California court’s dismissal of actress Olivia de Havilland’s lawsuit against FX Networks. The decision sustains First Amendment protection to expressive works...more

Jackson Walker

For Frankie Carbone, Crime Doesn’t Pay

Jackson Walker on

“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray...more

Foley Hoag LLP - Making Your Mark

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Morrison & Foerster LLP

MoFo IP Newsletter - July 2017

Supreme Court Hits Reset on Patent Venue Law in TC Heartland - In the recent TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a...more

Davis Wright Tremaine LLP

The 2016 Roundup of Key California Anti-SLAPP Decisions

In 2016, the California Supreme Court and the Ninth Circuit Court of Appeals issued important opinions interpreting California’s anti-SLAPP statute (C.C.P. § 425.16 et seq.), once again broadly construing its application. See...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

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Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

McDermott Will & Emery

First Amendment Prevents Right of Publicity Claim Arising from Film About “Issues of a Public Nature” - Sgt. Jeffrey S. Sarver v....

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In a lawsuit involving the 2010 Oscar-winning film The Hurt Locker, the US Court of Appeals for the Ninth Circuit held that right of publicity claims arising from expressive works, including films, are in essence...more

Dorsey & Whitney LLP

Hulk-Sized Damages in Sex Tape Privacy and Publicity Case

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In 2006, Terry Gene Bollea, better known as “Hulk Hogan,” had sex with his best friend’s wife, Heather Clem. Apparently unbeknownst to either of them, his best friend Todd Alan Clem, now legally known as “Bubba the Love...more

Dorsey & Whitney LLP

Ninth Circuit Shoots Down Right of Publicity Lawsuit Involving Academy Award Juggernaut The Hurt Locker

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As we kick off “Oscar Week” here at TheTMCA.com, it is particularly apropos to discuss a decision just handed down by the Ninth Circuit Court of Appeals involving the critically acclaimed movie, The Hurt Locker. It is a...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Knobbe Martens

Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

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Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more

Jaburg Wilk

Arizona Court of Appeals Recognizes Right of Publicity While Protecting Free Speech in Precedent Setting Case

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For the first time ever, an Arizona state court has recognized that individuals enjoy a right of publicity that protects them from the unauthorized use of their name or likeness for commercial or trade purposes. In its April...more

Manatt, Phelps & Phillips, LLP

NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2014

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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...more

Farella Braun + Martel LLP

Balancing Freedom Of Expression And The Right Of Publicity: Implications For The Future Of Interactive Entertainment

Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based...more

Katten Muchin Rosenman LLP

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

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