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   Do I need permission?
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   Author  Topic: Do I need permission?  (Read 1832 times)
Senior Member


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

Senior Member


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

Intellectual Property and Technology Law
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