2009 Lecture 5 Actual

2009 Lecture 5 Actual - ENTERTAINMENT LAW University of...

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ENTERTAINMENT LAW University of Southern California Fall 2009 / Lecture 5 Prof. Michael Grizzi
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Administrative issues Where we are: We are likely to catch up by next week Syllabus typo: “Unprotectable Story Parts” is covered by pages 365-377 of EML Next week’s guest speaker has been switched to Jason Hendler Handout for next week: Elvis Presley Enterprises, Inc. v. Passport Video
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Open issue from last class Are there any examples of celebrities who did not exploit their right of publicity during their lifetimes, and then became famous after their deaths? Yes, because the key is what we mean by the “exploitation of the right of publicity”: the Martin Luther King court said “(e)xploitation is understood to mean commercial use by the celebrity other than the activity which made him or her famous –(a)… transfer of the right to use one’s name and likeness” Dr. King himself is an example
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Review: Celebrity Publicity Rights The right of publicity is the right of each individual to control and profit from the commercial value of his own identity Rationale: A celebrity has a proprietary interest in the development of a marketable image Social interests Martin Luther King, Jr. Center for Social Change, Inc v. American Heritage Products, Inc . Georgia now recognizes a right of publicity tort where one appropriates another’s name, likeness, photograph or sculpture without consent and for financial gain, whether the person is a private citizen, an entertainer, or a public figure other than a public official. The right is inheritable and need not have been exploited by its owner during life to survive.
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Some states have enacted statutory recognition of the right of publicity, such as §3344 of the California Civil Code In New York, §§ 50 and 51 of the Civil Rights Law establish the NY right of publicity (under the label “right of privacy”): “Sec. 50. Right of privacy. A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor. “
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Review: Right of privacy We also explored the contours of the right of privacy, which generally recognizes four distinct causes of action: Intentional intrusion upon the solitude or seclusion of another Appropriation of another’s identity for an unpermitted use Public disclosure of private facts Holding another to the public eye in a “false light”
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Which led us to the Borat case: Johnston v. One America Productions, Inc . The court held:
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This note was uploaded on 12/04/2009 for the course LAW ENTERTAINM taught by Professor Grizzi during the Fall '09 term at USC.

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2009 Lecture 5 Actual - ENTERTAINMENT LAW University of...

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