The Right of Publicity in the Digital Age
Right of publicity law is a mess. EFF Staff Attorney Daniel Nazer will help clear that up in this event with the San Francisco Bar Association.
Courts apply a variety of tests and apply these tests inconsistently to different forms of media. At the same time, the right of publicity impacts a wide range of speech--from movies, to computer games, to baseball cards. Uncertainty about the relevant standards makes it difficult to advise clients about the scope of the right. This program will review:
- How courts determine whether the First Amendment provides a defense to right of publicity claims
- Whether courts apply the law consistently to different media (comparing motion pictures and computer games)
- The recent decisions in Keller v. Electronic Arts (Ninth Circuit) and Hart v. Electronic Arts (Third Circuit)