(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more
In This Issue: - Diet Supplement Ingredient Company Drops a Fistful of Claims - Samsung Pursued by Pixel Plaintiffs - Settlement Snaps Ginger Case Shut - Olivia de Havilland’s Right-to-Publicity Suit Is Gone With the...more
The California appellate court ruling which dismissed actress Olivia de Havilland’s suit against FX’s Feud will remain in place after the U.S. Supreme Court rejected de Havilland’s petition for review last week. ...more
Often writers base characters on complete fiction, drawing from their imagination to build a character’s various facets. However, on certain occasions a writer may base a character on a living person. Sometimes such a...more
It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more
“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
The Court of Appeals for the State of California upheld a trial court decision granting defendant’s motion to strike under California’s anti-SLAPP statute but remanded the position denying defendant’s motion to strike the...more
In a right of publicity case, the US Court of Appeals for the Ninth Circuit upheld a district court decision granting a motion to strike under California’s anti-SLAPP statute on the basis of copyright preemption. Maloney v....more
Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more
Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more
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
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
The Ninth Circuit has confirmed that right of publicity claims purporting to arise from expressive works, like films, are content-based restrictions on speech that are presumptively unconstitutional, and generally should not...more
The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16...more
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
The Hurt Locker, which won Best Picture at the 2010 Academy Awards, follows Sergeant First Class William James (played by Jeremy Renner) in his role as a team leader of a U.S. Army Explosive Ordnance Disposal (EOD) unit in...more
In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more
Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal. Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more
SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of...more
Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more