//
archives

Right of Publicity

This category contains 7 posts

Can You Learn Anything from Monster Energy’s Run-In with the Beastie Boys?

The Beastie Boys band sued Monster Energy Company for it’s use without permission of 5 songs by the Beastie Boys and verbal references to the band and a member, Adam Yauch, in a promotional video. The trial judge strongly criticized Monster’s negligible music licensing procedures. The one-sided victory of the Beastie Boys for copyright infringement and false endorsement has led to Monster being found financially liable for damages and attorney fees. Continue reading

What Do Justin Bieber, Usher Raymond, Robin Thicke, Pharrell Williams and Sam Smith Have in Common?

Justin Bieber, Usher Raymond, Robin Thicke, Pharrell Williams and Sam Smith have all recently been challenged by claims of copyright infringement based on allegations that they incorporated other people’s music into their recordings. If celebrities can be found liable for copyright infringement and ordered to pay millions of dollars, what should non-celebrity musicians and producers do to avoid a similar fate? Continue reading

RIGHTS OF PUBLICITY TRUMP COMMERCIAL SPEECH IN JORDAN VS JEWEL FOOD STORE CASE

Right of publicity belongs to the celebrity, they get to decide how to exploit their fame, so messing with it can be at your peril. Continue reading

CERTIFICATION MARKS USEFUL TO TRADE ASSOCIATIONS, CHARITIES AND FOR-PROFITS (Part 1)

Adoption of certification marks and certification programs can enhance the bottom-line for trade associations, charities and for-profit organizations. Continue reading

RIGHTS OF PUBLICITY REMAIN STRONG EVEN AFTER YOU ARE DEAD

The Right of Publicity for famous people remains strong whether the celebrity is alive or dead, so tread carefully if you are thinking of using their image, likeness or name without permission. Continue reading

TRADEMARK RIGHTS GIVE WAY TO FREEDOM OF EXPRESSION

First Amendment rights can trump trademark rights when using likeness of famous person in an expressive work provided the inclusion is relevant to the work. Continue reading

Do Anti-SLAPP Laws Offer Any Useful Protection to Creators of IP Content?

Anti-SLAPP laws written to protect against “strategic litigtation against public participation” may also be of use to creators of intellectual property content which may hit a raw nerve of the famous and infamous. Continue reading