Ninth Circuit Affirms Dismissal of The Hurt Locker Right of Publicity Claim
The Ninth Circuit, applying California’ anti-SLAPP statute, affirmed the dismissal on First Amendment grounds of Master Sgt. Jeffrey Sarver’s right of publicity lawsuit, in which Sarver claimed that the Oscar®-winning film The Hurt Locker misappropriated his life story. According to Sarver, the film’s main character, Will James, was based on Sarver’s own life and experiences
Client Alert: Lord & Taylor Settles FTC Complaint Alleging Consumer Deception in Connection with Paid Native Advertising
Lord & Taylor has agreed to settle a Federal Trade Commission complaint alleging that the national retailer deceived consumers by paying for native advertisements.
Copyright Termination Is Comin’ To Town Law360, New York
After sorting through the tangled 80-year history behind the song “Santa Claus is Comin’ to Town,” the Second Circuit recently held that rights to the Christmas classic will revert back to the songwriter’s heirs on Dec. 15, 2016. Rights to the composition, written by J. Fred Coots and Haven Gillespie, are currently held by EMI
Throwing the Challenge Flag: NCAA Athletes Successfully Demand Expansion of Publicity Rights
Two recent federal court decisions reflect a judicial willingness to extend the traditional bounds of publicity rights, affording both current and former National Collegiate Athletic Association (NCAA) athletes the opportunity to share in the revenues earned from commercial use of their names and likenesses in videogames, live game telecasts, and other licensed products. Under the
Jordan Victory Serves as Right of Publicity Cautionary Tale (Michael Jordan and Jump 23, Inc. v. Dominick’s Finer Foods, LLC and Safeway Inc.)
Michael Jordan’s recent right of publicity victory over former Chicago-area grocer Dominick’s Finer Foods suggests that the unauthorized use of a celebrity’s name or likeness may come at a price—in this case, $8.9 million. In 2009, Sports Illustrated magazine published a commemorative issue recognizing Jordan’s athletic achievements and celebrating his induction into the Basketball Hall
Stark Victory: Sony Music Successfully Defends Iron Man Copyright Infringement Suit Based on Third-Party Work for Hire Challenge
When composer Jack Urbont brought suit for copyright infringement against rapper Dennis Coles (popularly known as Ghostface Killah), Urbont likely thought he had a straight-forward case. Urbont claimed that Coles’ had improperly sampled Urbont’s “Iron Man Theme” on Coles’ album, Supreme Clientele. Written for the Marvel television program Marvel Super Heroes, the Iron Man Theme