Partner Bruce Johnson participated on the "Rights (and Wrongs) of Publicity: The Evolving Law of Misappropriation" panel at The 10th Annual Entertainment and Media Law Conference. Right-of-publicity claims have become increasingly common. As federal circuit courts on both coasts grapple with the balance between individual publicity rights and First Amendment protections, and the many different tests that have been applied by different courts, assessing the risks of misappropriation claims has become much more complex.
The panel discussed:
- Where is the line drawn between constitutionally-protected expression, and commercial use of an individual’s persona?
- How can lawyers advise on the risks of misappropriation claims where the laws differ among states and across borders?
- As companies look for new ways to monetize expressive works, what risks need to be considered with respect to misappropriation claims?
- How does the law of commercial speech interplay with law concerning right-of-publicity claims?