Civil Litigation,
Intellectual Property,
Entertainment & Sports,
California Courts of Appeal
Apr. 6, 2018
From the Three Stooges to Olivia de Havilland
Fortunately, the Court of Appeal recently rejected the famed actress' right of publicity case, but its own reasoning hardly cleared up the issue for future creators.
"Celebrity," John Updike wrote, "is a mask that eats into the face." Just as Updike suggested celebrity changes and damages human beings, courts have allowed the right of publicity to etch itself into the First Amendment in their eagerness to reward celebrities for the power of their "images" and to prevent other people from exploiting those images.
In California, the right of publicity expansively grants celebrities the right to con...
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