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This Briefing on rights of publicity claims in cases involving copyrighted materials will provide an update on the law together with practice pointers for both plaintiff and defense counsel. Rights of publicity claims have evolved over the past four decades as the state-based rights have encountered defenses presented by federal copyright holders.
The growth and expansion of rights of publicity now recognized by more than half of the states in the country, has more recently been slowed by the defense that the more recently recognized rights of publicity are a threat to the constitutionally mandated exclusive federal rights of copyright holders. Through a series of cases involving athletes, performers, and celebrity claimants, broadcasters, game creators and filmmakers, the contours of the rights of publicity has been reshaped by the courts. Courts recognizing that the more recently created state law recognized claims present a genuine threat and limitation to copyright holders’ exclusive rights of use and exploitation.
This update will include a review of the law followed in recent cases plus a discussion of the competing intellectual property interests and considerations of the plaintiff’s and defendant’s positions. The Briefing will also provide an opportunity to evaluate how courts in different jurisdictions seek to balance the competing intellectual property interests and the underlying rights of their interest holders.
Please join Mark G. Tratos, Founding Shareholder of Greenberg Traurig LLP’s Las Vegas Office as he:
• Analyzes current state of rights of publicity claims when they encounter a copyright or First Amendment defense;
• Reviews the U.S. Supreme Court’s recent decision mandating that copyright registrations must be obtained before copyright holders have a right to assert claims in Fourth Estate Public Benefit Corporation v. Wall Street and that decision’s impact upon the copyright defense;
• Examines right of publicity enforcement strategies by both personal rights holders and their estates;
• Discusses jurisdictional advantages and forum differences in selecting court venues; and
• Provides practical considerations for drafting both licenses and claims for rights of publicity and copyright rights to prevent unwitting overlaps and limitations in rights.