The right of publicity is intended to protect the rights of persons, including celebrities, to profit from
Question:
The right of publicity is intended to protect the rights of persons, including celebrities, to profit from their “brand” and identities. Clearly, a supermarket that publishes an advertisement with the image of Michael Jordan, along with a red jersey with the number 23 emblazoned upon it can be held to violate Jordan’s right of publicity if done without his consent. Does a person or celebrity, however, have a protectable interest in a song or catchphrase that may publicly be associated with, even though the image or likeness of the person/celebrity is not used? Read the case of Johnny Carson v. Here’s Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir. 1983) and answer the following questions:
Did the trial court, i.e., the U.S. District Court, dismiss Appellant Carson’s tort case based on his alleged right of publicity or did the trial court allow the right to publicity claim asserted by the Plaintiff to proceed to a jury? (2 points)
Explain why the District Court ruled as it did on Plaintiff’s “right of publicity” claim. (3 points)
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts