Previously, we began looking at the topic of consent in the context of the right of publicity. As we noted, individuals may waive their publicity rights, allowing another party to make use of their image for commercial purposes.Again, consent is not a universal...
Month: August 2017
Someone used my work online without my permission. Now what?
Someone used my work online without my permission. Now what? In this age of the internet, when even grade school children have instant access to the world online, it seems quite normal for people to share images and words from screen to screen at the touch of a...
Right of publicity waiver: looking at the issue of consent, P.1
California, like other states, protects the right of individuals to control the use of their image in certain contexts. Under California's right of publicity statute, violation of an individual's right to control the use of his or her name, voice, photograph,...
When copyright protection and publicity rights are at odds, P.3
In recent posts, we've been looking at the intersection of publicity rights and federal copyright protection. As we've noted, an important issue in this area is when federal copyright law takes precedence over state-law rights of publicity. Courts have enforced...
When copyright protection and publicity rights are at odds, P.2
Last time, we began looking at the question of how publicity rights and copyright protection are addressed when there is a conflict between the two. As we noted, publicity rights are generally held to be applicable when a photograph of an individual is used for...
When copyright protection and publicity rights are at odds
Last time, we looked very briefly at some general points about copyright protection and its importance for authors and artists. One area where copyright protection can get dicey is with photography. While a photographer may have rights to a photograph under copyright...
Seven common myths about copyrights
You've heard of copyrights many times, but do you really understand how they work? Read seven of the most common myths and misconceptions about them here: Myth #1: Copyrights only apply to books.While books and magazine articles are certainly some of the most common...