Kumargo16wdch06grader6fas.....manish001(1)

.docx
New Issues in Publicity Rights DeLong Grant Law Partners has a significant number of famous clients. One of the most important aspects of our legal counsel to these individuals is to help protect the use of their images and likenesses. Sometimes this is referred to as the right of publicity. This right is a highly valuable asset because there are endless licensing opportunities that can be quite lucrative. Some states have a public law that protects a celebrity's image and likeness for 100 years, but as yet that law has not been enacted in the state of Texas. The merchandising of celebrity images has become a huge source of income for many celebrities. In recent years, legal disputes have resulted from artists and illustrators manipulating celebrity images. In the past, courts have typically protected the First Amendment rights of artists in these cases. But recently there have been a few cases where celebrities have been allowed to sue creators of fictional works for the violation of the right of publicity. The right of publicity is intended to prevent others from capitalizing on a celebrity's fame. Many in the entertainment industry are fearful that unauthorized biographies, docudramas, and celebrity spoofs and satires will no longer be protected. Many entertainment lawyers say a celebrity's right to publicity is intended solely for ads and merchandise, not for literary works. This issue is frequently discussed in the digital realm, where it's easy to create a digital representation of a celebrity. In fact, a recent lawsuit involved a fantasy baseball league in which the statistics of real major league players are used. Major League Baseball says that the right of publicity is being violated and that the fantasy baseball league needs to obtain permission to use the players' names. In many states, the right of publicity can even be passed down to the celebrity's heirs. Most publicity rights cases involve advertising and merchandising rather than pure works of art and literature, which are protected by the First Amendment. An example of the appropriate use of an image might be putting someone's image on the cover of a news magazine. Another factor often applied by states in publicity rights cases is something called transformitiveness, which relates to the amount of reworking done to a celebrity's likeness. The more an image is transformed, the more it is considered an original work of art. But making such a judgment is highly subjective. It's vital that we remain informed of issues related to publicity rights and the use of our clients' images and the related cases that are being brought to court. It's also important that we, as a leading entertainment law firm, weigh in on issues related to publicity rights, so Heather Grant and Lawrence DeLong are collaborating on an article on the subject that will be published in an upcoming issue of Entertainment Law Quarterly. Contact James Grant, Senior Partner, for further information.
New Issues in Publicity Rights DeLong Grant Law Partners has a significant number of celebrity clients. One of the most important aspects of our legal counsel to these individuals is to help protect the use of their images and likenesses. Sometimes this is referred to as the right of publicity. This right is a highly valuable asset because there are endless licensing opportunities that can be quite lucrative. Some states have a publicity law that protects a celebrity's image and likeness for 100 years, but as yet that law has not been enacted in the state of Texas. The merchandising of celebrity images has become a huge source of income for many celebrities. In recent years, legal disputes have resulted from artists and illustrators manipulating celebrity images. In the past, courts have typically protected the First Amendment rights of artists in these cases. But recently there have been a few cases where celebrities have been allowed to sue creators of fictional works for the violation of the right of publicity. The right of publicity is intended to prevent others from capitalizing on a celebrity's fame. Many in the entertainment industry are fearful that unauthorized biographies, docudramas, and celebrity spoofs and satires will no longer be protected. Many entertainment lawyers say a celebrity's right to publicity is intended solely for ads and merchandise, not for literary works. This issue is frequently discussed in the digital realm, where it's easy to create a digital representation of a celebrity. In fact, a recent lawsuit involved a fantasy baseball league in which the statistics of real major league players are used. Major League Baseball says that the right of publicity is being violated and that the fantasy baseball league needs to obtain permission to use the players' names. In many states, the right of publicity can even be passed down to the celebrity's heirs. Most publicity rights cases involve advertising and merchandising rather than pure works of art and literature, which are protected by the First Amendment. An example of the appropriate use of an image might be putting someone's image on the cover of a news magazine. Another factor often applied by states in publicity rights cases is something called transformitiveness, which relates to the amount of reworking done to a celebrity's likeness. The more an image is transformed, the more it is considered an original work of art. But making such a judgment is highly subjective. It's vital that we remain informed of issues related to publicity rights and the use of our clients' images and the related cases that are being brought to court. It's also important that we, as a leading entertainment law firm, weigh in on issues related to publicity rights, so Heather Grant and Lawrence DeLong are collaborating on an article on the subject that will be published in an upcoming issue of Entertainment Law Quarterly. Contact James Grant, Senior Partner, for further information.
Page1of 2
Uploaded by GeneralStraw14840 on coursehero.com