Right of Publicity

Question 1

PF for Right of Publicity

Answer 1

• Π must show that “challenged use”:
  1. Expressly or implicitly identified the π
  2. Done w/o consent of π
  3. For advertising or other commercial uses of trade

Question 2

Defenses to Right of Publicity

Answer 2

• Incidental use
  o Applicable to news in which they use NIL to promote itself
• Newsworthiness
  o Exception on reporting on matters of public interest
• Biography
  o RoP does not extend to literary work after death
• parody

Question 3

How to obtain consent for the right of publicity

Answer 3

licenseeing agreement

Question 4

descendability of the RoP

Answer 4

plurality as to whether it is descenable, 25 states say it is