News & Analysis as of

False Light Right of Publicity

Fox Rothschild LLP

Rihanna Sues Her Father For Using Their Last Name In His Entertainment Company

Fox Rothschild LLP on

William Shakespeare’s character Juliet famously asked Romeo “What’s in a name?” The question still rings true today, and the answer may be, well, a lot. The Power of a Name-...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

Fox Rothschild LLP

U.S. Supreme Court Drops Curtain On Olivia de Havilland’s “Feud” With FX

Fox Rothschild LLP on

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

Weintraub Tobin

Right Of Publicity Risks For Producers Still Uncertain

Weintraub Tobin on

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

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

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

Davis Wright Tremaine LLP

Ninth Circuit Finds First Amendment Protects Against Right Of Publicity Claim Involving Film “The Hurt Locker”

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

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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