Posts Tagged ‘celebrities’

Frontiers of the “right of publicity”

In general it’s actionable to claim, without a Hollywood celebrity’s consent, that he or she recommends or endorses your fashion item. But what about merely asserting, accurately, that the character played by the celebrity wore the item in a movie? Or publicizing a picture taken in a public place of the celebrity shopping for one’s product or at one’s store? Lawsuits filed on behalf of actresses Sandra Bullock, Katherine Heigl, and Halle Berry may help shed light on the question. [Mike Masnick, TechDirt]

Lawsuit: Porsche carrying Paul Walker was going 55, not 94

After the spectacular crash of a Porsche Carrera GT killed driver Roger Rodas and his passenger, Hollywood actor Paul Walker, the Los Angeles County Sheriff’s Department and California Highway Patrol investigated and concluded that the crash was due not to mechanical problems but to unsafe speeds of up to 94 mph; the vehicle crashed into three trees. Longtime Overlawyered favorite attorney Mark Geragos “said he hired the top experts in the country” for an unbiased evaluation. The resulting wrongful death lawsuit by Kristine M. Rodas against automaker Porsche “says her husband was driving at 55 mph” contrary to the official version. [New York Post]

“Tattoos are a largely uncharted territory in copyright law”

If you pay an athlete or other celebrity for the right to depict them in a poster or videogame, do you have a right to show an accurate rendering of their tattoo without further seeking permission from the original tattoo artist? It’s widely agreed that tattoos enjoy some degree of copyright protection, most obviously so in the case where an infringer has swiped an original design for purposes of tattooing someone else. Damages, at least, would be available in such a case, though it might prove hard to persuade courts to exercise the power accorded them by 17 U.S.C. § 503 to order the “impounding and disposition of infringing articles.” [Ira Boudway, Bloomberg BusinessWeek]