Litigation
Feb. 14, 2014
Publicity rights vs. the First Amendment
Several recent decisions suggest that advertisements and products which refer to actual people may be more risky than their producers realize. By Michael Davis-Wilson
The right of publicity continues to emerge as a significant intellectual property right of which businesses must be aware - not only in the context of advertising and marketing, but in the context of a company's product itself. Several recent decisions interpreting the contours of the boundary between publicity rights and First Amendment rights suggest that advertisements and products which refer to actual people, living or dead, may b...
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