The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Nov 19th, 2019, 6:19pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
   Other
   Copyright Forum
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Do I need permission?
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Do I need permission?  (Read 1724 times)
Isaac
Senior Member
****




   


Posts: 3472
Re: Do I need permission?
« Reply #5 on: Oct 23rd, 2006, 7:27pm »
Quote Quote Modify Modify

on Oct 23rd, 2006, 7:01pm, paradyforprofit wrote:
Okay. This will be a retelling of game events albeit in a farcical and barbed way, and will be slanted toward the fans of a particular team.

 
Reporting in a humorous style might still be legitimate reporting.  I'm not saying that you definitely need permission, I'm only critiquing the analysis.
IP Logged

Isaac
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: Do I need permission?
« Reply #6 on: Oct 24th, 2006, 8:22am »
Quote Quote Modify Modify

To critique the critique, I don't think Isaac is on the right track.  
 
Rights of publicity, generally speaking, concern the right of an individual to control his name, likeness, etc. in connection with commercial speech.  When the first amendment kicks-in, as it does in large parts with dramatic works, the rights of publicity aren't at issue.
 
Going a step further, one might consider the right of privacy (the right of publicity is different from the right of privacy).  I don't think that's an issue here either:  the individuals in question are "famous", thus diminishing their expectations of privacy; the works are clearly fictionalized accounts of real events, effectively eliminating a "false light" type of claim; and the public event basis for the dramatic work further diminishes any right of privacy action.
 
- Jeff
« Last Edit: Oct 24th, 2006, 8:23am by JSonnabend » IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board