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- Title
FUMBLING THE FIRST AMENDMENT: THE RIGHT OF PUBLICITY GOES 2-0 AGAINST FREEDOM OF EXPRESSION.
- Authors
Kadri, Thomas E.
- Abstract
Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2-1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be "transformed," the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the right of publicity and the First Amendment and argues for a bright-line test that ensures greater protection for creators of expressive works.
- Subjects
UNITED States; PUBLICITY (Law); RIGHT of publicity; NATIONAL Collegiate Athletic Association; VIDEO game laws; FAIR use (Copyright); UNITED States. Constitution. 1st Amendment; CONSTITUTIONAL law; FREEDOM of expression lawsuits; ACTIONS &; defenses (Law)
- Publication
Michigan Law Review, 2014, Vol 112, Issue 8, p1519
- ISSN
0026-2234
- Publication type
Opinion