A computer generated image may constitute a “portrait” within the meaning of N.Y. Civ. Rights Law 50 and 51, but the disputed images in the video game central to this matter were not recognizable as Lindsay Lohan, and therefore, Lohan’s complaint was properly dismissed. Lohan claimed that the Lacey Jonas character in the Grand Theft Auto V (GTAV) game was her lookalike and misappropriated her portrait and voice. Lohan also claimed that images on various promotional materials and packing for the GTAV cumulatively evoked her images, portrait, and persona. Lohan commenced this action seeking, in part, compensatory and punitive damages for invasion of privacy in violation of N.Y. Civ. Rights Law 50 and 51. The Appellate Division granted Defendants’ motion to dismiss the complaint for failure to state a cause of action. The Court of Appeals affirmed, holding (1) a graphical representation in a video game or like media may constitute a “portrait” within the meaning of the Civil Rights Law; and (2) the representations in question were not recognizable as Lohan and therefore not actionable under the Civil Rights Law. View "Lohan v. Take-Two Interactive Software, Inc." on Justia Law

The First Amendment protects FX's portrayal of Olivia de Havilland in a docudrama without her permission. De Havilland filed suit against FX and the creators and producers of the television miniseries Feud: Bette and Joan, alleging causes of action for violation of the statutory right of publicity and the common law tort of misappropriation. De Havilland also alleged claims of false light invasion of privacy based on FX's portrayal in the docudrama of a fictitious interview and the de Havilland character's reference to her sister as a "bitch" when in fact the term she used was "dragon lady." The Court of Appeal reversed the trial court's order denying FX's special motion to strike under California's anti-SLAPP statute. The court held that, assuming a docudrama was a "use" for purposes of the right of publicity, Feud was speech that was fully protected by the First Amendment, which safeguards the storytellers and artists who take the raw materials of life -- including the stories of real individuals, ordinary or extraordinary -- and transformed them into art, be it articles, books, movies, or plays. Furthermore, the fact that Feud's creators did not purchase or otherwise procure de Havilland's "right" to her name or likeness did not change the analysis. In this case, Feud's portrayal of de Havilland was transformative. The court also held that de Havilland failed to carry her burden of proving with admissible evidence that she will probably prevail on her false light claim, and thus de Havilland's cause of action for unjust enrichment also failed. View "De Havilland v. FX Networks, LLC" on Justia Law

The First Amendment protects FX's portrayal of Olivia de Havilland in a docudrama without her permission. De Havilland filed suit against FX and the creators and producers of the television miniseries Feud: Bette and Joan, alleging causes of action for violation of the statutory right of publicity and the common law tort of misappropriation. De Havilland also alleged claims of false light invasion of privacy based on FX's portrayal in the docudrama of a fictitious interview and the de Havilland character's reference to her sister as a "bitch" when in fact the term she used was "dragon lady." The Court of Appeal reversed the trial court's order denying FX's special motion to strike under California's anti-SLAPP statute. The court held that, assuming a docudrama was a "use" for purposes of the right of publicity, Feud was speech that was fully protected by the First Amendment, which safeguards the storytellers and artists who take the raw materials of life -- including the stories of real individuals, ordinary or extraordinary -- and transformed them into art, be it articles, books, movies, or plays. Furthermore, the fact that Feud's creators did not purchase or otherwise procure de Havilland's "right" to her name or likeness did not change the analysis. In this case, Feud's portrayal of de Havilland was transformative. The court also held that de Havilland failed to carry her burden of proving with admissible evidence that she will probably prevail on her false light claim, and thus de Havilland's cause of action for unjust enrichment also failed. View "De Havilland v. FX Networks, LLC" on Justia Law

This case arose from a dispute between the parties over licensing agreements involving the motion picture Gone in 60 Seconds. The trial court entered judgment for Classic and ordered that Eleanor Licensing retain possession of a vehicle identified as "Eleanor No. 1," which had been manufactured by Classic pursuant to a licensing agreement between the parties; quieting title to the vehicle in Eleanor Licensing; directing Classic to perform according to the terms of the licensing agreement and transfered legal title to Eleanor No. 1 to Eleanor Licensing; and awarding damages and attorney fees. The court held that the November 1, 2007 License Agreement was supported by adequate consideration; the contract-based claims, to the extent otherwise valid, were barred by the statute of limitations; the causes of action for return of personal property and quiet title were timely filed; the alter ego finding was not supported by substantial evidence; Jason Engel was properly named as a defendant in the causes of action to quiet title and for return of personal property; Tony Engel was a proper defendant in the quiet title cause of action; and the Engels were not liable for attorney fees. The court reversed in part and affirmed in part the judgment and postjudgment order. View "Eleanor Licensing LLC v. Classic Recreations LLC" on Justia Law

These consolidated appeals stemmed from a jury's finding that Pharrell Williams, Robin Thicke, and Clifford Harris, Jr.'s song "Blurred Lines," the world's bestselling single in 2013, infringed Frankie Christian Gaye, Nona Marvisa Gaye, and Marvin Gaye III's copyright in Marvin Gaye's 1977 hit song "Got To Give It Up." The Ninth Circuit affirmed in part and reversed in part the district court's judgment. The panel held that "Got To Give It Up" was entitled to broad copyright protection because musical compositions were not confined to a narrow range of expression; the panel accepted, without deciding, the merits of the district court's ruling that the scope of defendants' copyright was limited, under the Copyright Act of 1909, to the sheet music deposited with the Copyright Office, and did not extend to sound recordings; the district court's order denying summary judgment was not reviewable after a full trial on the merits; the district court did not err in denying a new trial; the district court did not abuse its discretion in admitting portions of expert testimony; the verdict was not against the clear weight of the evidence; the awards of actual damages and profits and the district court's running royalty were proper; the district court erred in overturning the jury's general verdict in favor of Harris and the Interscope Parties; the district court did not abuse its discretion in denying the Gayes' motion for attorney's fees; and the district court did not abuse its discretion in apportioning costs among the parties. View "Williams v. Gaye" on Justia Law

FanDuel and DraftKings conduct online fantasy‐sports games. Participants pay an entry fee and select a roster, subject to a budget cap that prevents every entrant from picking only the best players. Results from real sports contests determine how each squad earns points to win cash. Former college football players whose names, pictures, and statistics have been used without their permission sued, claiming that Indiana’s right-of-publicity statute, Code 32‐36‐1‐8, gives them control over the commercial use of their names and data. The district court dismissed the complaint, relying on exemptions for the use of a personality’s name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms "in" material “that has political or newsworthy value” or “in connection with the broadcast or reporting of an event or a topic of general or public interest." The Seventh Circuit certified the question to the Supreme Court of Indiana: Whether online fantasy‐sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both. Plaintiffs’ details on the websites are not necessarily “in” newsworthy “material” or a form of “reporting” and there is no state law precedent interpreting a statute similar to Indiana’s. The Supreme Court of Indiana may consider not only the statutory text but also plaintiffs’ arguments about the legality of defendants’ fantasy games and the possibility of an extra-textual illegal‐activity exception. View "Daniels v. Fanduel, Inc." on Justia Law

FanDuel and DraftKings conduct online fantasy‐sports games. Participants pay an entry fee and select a roster, subject to a budget cap that prevents every entrant from picking only the best players. Results from real sports contests determine how each squad earns points to win cash. Former college football players whose names, pictures, and statistics have been used without their permission sued, claiming that Indiana’s right-of-publicity statute, Code 32‐36‐1‐8, gives them control over the commercial use of their names and data. The district court dismissed the complaint, relying on exemptions for the use of a personality’s name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms "in" material “that has political or newsworthy value” or “in connection with the broadcast or reporting of an event or a topic of general or public interest." The Seventh Circuit certified the question to the Supreme Court of Indiana: Whether online fantasy‐sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both. Plaintiffs’ details on the websites are not necessarily “in” newsworthy “material” or a form of “reporting” and there is no state law precedent interpreting a statute similar to Indiana’s. The Supreme Court of Indiana may consider not only the statutory text but also plaintiffs’ arguments about the legality of defendants’ fantasy games and the possibility of an extra-textual illegal‐activity exception. View "Daniels v. Fanduel, Inc." on Justia Law

The Ninth Circuit affirmed the district court's dismissal of a copyright infringement action brought by renowned photographer Jacobus Rentmeester against Nike. Rentmeester alleged that Nike infringed a famous photograph he took of Michael Jordan when Nike commissioned its own photograph of Jordan and then used that photo to create the "Jumpman" logo. The panel held that, although Rentmeester plausibly alleged that he owned a valid copyright in his photo and a presumption that the Nike photo was the product of copying rather than independent creation, he failed to plausibly allege that Nike copied enough of the protected expression from his photo to establish unlawful appropriation. The panel explained that Rentmeester was entitled to protection only for the way the pose was expressed in his photograph, a product of not just the pose but also the camera angle, timing, and shutter speed he chose. In this case, Rentmeester's photo was entitled to broad rather than thin protection. Nonetheless, the panel held that the works at issue were as a matter of law not substantially similar, and thus the Jumpman logo was even less similar to Rentmeester's photo than the Nike photo itself. View "Rentmeester v. Nike, Inc." on Justia Law

The Ninth Circuit affirmed the district court's dismissal of a copyright infringement action brought by renowned photographer Jacobus Rentmeester against Nike. Rentmeester alleged that Nike infringed a famous photograph he took of Michael Jordan when Nike commissioned its own photograph of Jordan and then used that photo to create the "Jumpman" logo. The panel held that, although Rentmeester plausibly alleged that he owned a valid copyright in his photo and a presumption that the Nike photo was the product of copying rather than independent creation, he failed to plausibly allege that Nike copied enough of the protected expression from his photo to establish unlawful appropriation. The panel explained that Rentmeester was entitled to protection only for the way the pose was expressed in his photograph, a product of not just the pose but also the camera angle, timing, and shutter speed he chose. In this case, Rentmeester's photo was entitled to broad rather than thin protection. Nonetheless, the panel held that the works at issue were as a matter of law not substantially similar, and thus the Jumpman logo was even less similar to Rentmeester's photo than the Nike photo itself. View "Rentmeester v. Nike, Inc." on Justia Law

The Second Circuit affirmed the district court's denial of NASL's motion for a preliminary injunction seeking a Division II designation pending the resolution of its antitrust case against USSF. Applying the heightened standard applicable to mandatory preliminary injunctions, the court held that NASL failed to demonstrate a clear likelihood of success on the merits of its antitrust claim against USSF under 15 U.S.C. 1. In this case, even assuming that NASL's allegations showed a conspiracy, NASL failed to show that the agreement at issue was an unreasonable restraint on competition under section 1. Accordingly, the court remanded for further proceedings on the merits of NASL's claims. View "North American Soccer League, LLC v. United States Soccer Federation, Inc." on Justia Law