Right of Publicity

Are Rights of Publicity the Fatal Flaw of the Mugshot Racket?

Submitted by on

Before the holidays, Wired reported the filing of a putative class action in Ohio against a group of privately owned websites that allegedly collect and publish mugshot photos, and then charge those whose photos appear exorbitant amounts to have the photos removed.

Jurisdiction: 

Subject Area: 

Copyright in Tattoo Case: Escobedo v. THQ, Inc.

Submitted by on

Excerpt from Escobedo v.

Jurisdiction: 

Content Type: 

Subject Area: 

Pinterest: Fair Use of Images, Building Communities, Fan Pages, Copyright

Submitted by on

When using Pinterest (and Flickr and YouTube and Facebook and on and on), what copyright, fair use, trademark and other issues weigh on building communities and corporate use of fan pages and social media generally?  A hypothetical “Company” has plans for its Pinterest “community”, and in particular, wonders about these situations:

  • Using Images of Identifiable People
  • Fair Use and Images
  • Trademarks: When is a “Fair Use” Argument Strongest?
  • Why Attribution and Linking to Original Sources is Important

3 introductory questions:

Question #1: Someone used to be a paid Company sponsor or spokesperson.  They are no longer.  Can the Company continue to post a photo of the old sponsor to Pinterest? Short Answer: If the contract with the sponsor expressly permits it, yes.  Ordinarily, the contract would specify engagement for limited time, and that would prohibit rights to use images beyond the contract period.  But it really depends on what the contract says.

Question #2: Can the Company post a photo of a fan of the Company? Short Answer: Express consent is required, either through a release or the fan’s agreement (whenever the photo is submitted) to terms of service.  Exceptions are discussed below.

Question #3: Can the Company post a photo of a Coca-Cola bottle on its Pinterest page? Short Answer: If the use of the image does not suggest (implicitly or explicitly) endorsement or association, then yes.

Jurisdiction: 

Subject Area: 

When Your Engagement Photo Becomes a Political Ad: Parody and Right of Publicity

Submitted by on

The issue of same-sex unions is hotly debated, and the discussion is heating up this election year with the case on California’s Proposition 8 making its way to the Supreme Court, and with President Obama recently declaring that he is in favor of same-sex marriage.

Jurisdiction: 

Content Type: 

Subject Area: 

From Accident Photos to the White House: Contesting Photo Use in Newspaper Merchandise Sales

Submitted by on

Take a moment to explore your daily newspaper's webpage. You'll likely find recent articles and archives, video materials, job postings, classifieds, sidebars with advertisements, various forms of social media integration, and, most surprisingly (or perhaps not, considering the financial challenges journalism faces), a store.

Jurisdiction: 

Content Type: 

Subject Area: 

The Right of Publicity and Free Speech: DMLP Joins Amicus Brief in Hart v. Electronic Arts

Submitted by on

Last week the Digital (nee Citizen) Media Law Project joined an amicus curiae brief filed in Hart v. Electronic Arts, Inc., currently before the United States Court of Appeals for the Third Circuit.

Jurisdiction: 

Subject Area: 

Everybody's Public to Somebody?: Social Media and the Public/Private Divide

Submitted by on

facebook

First Amendment doctrine is sort of obsessed with the idea of a public/private divide – the idea that we can clearly slice society up into those things that are "public" (about which we want robust discussion, so we protect that discussion with the Bill of Rights) and those that are "private" (less societally important, so less protected).

Jurisdiction: 

Subject Area: 

He Tweets, He Misses! Court Blocks Gilbert Arenas's Preliminary Injunction

Submitted by on

Basketball Wives: Los Angeles lives! And one of the reasons is an athlete's Twitter habit.

Jurisdiction: 

Content Type: 

Subject Area: 

Hustler Spread of Murder Victim: Arguably Tasteless, but Certainly First Amendment Protected

Submitted by on

In June 2007, professional wrestling promotrix, Nancy Benoit and her son, Daniel, were the victims of a double murder-suicide committed by her husband, WWE wrestler, Chris Benoit.

Approximately 20 years earlier, Ms. Benoit (then Nancy Daus) posed nude for photographer Mark Samansky. Benoit/Daus allegedly had a change of heart and requested that the materials be destroyed. Nevertheless, Samansky kept the video and made stills from it.

Jurisdiction: 

Content Type: 

Subject Area: 

Pages

Subscribe to Right of Publicity

Browse by Subject

Recent Blog Posts

more

We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. If you are interested, please contact us for more details.