Duane Reade: The Predicted Outcome and Insight into New York Publicity Rights, 34 Cardozo Arts & Ent. Grey’s Anatomy star Katherine Heigl filed suit against drug store Duane Reade in 2014 for violation of her right of publicity when they tweeted photographs of her exiting their store with the text, “Even can’t resist shopping #NYC’s favorite drugstore.” 12 Amy Delauter, Katherine Heigl v. 11 International Trademark Association, Right of Publicity. The right of publicity protects against the misappropriation of one’s “name, likeness, or other indicia of personal identity – such as … photograph -” from commercial exploitation. Right of PublicityĪ celebrity’s ability to control the commercial exploitation of their fame is recognized in thirty-five states as a “right of publicity.” 10 Mark Roesler & Garrett Hutchinson, What’s in a Name, Likeness, and Image? The Case for a Federal Right of Publicity Law, AMERICAN BAR ASSOCIATION (Sept. Once an author receives the copyright registration for their work, they may bring copyright infringement claims over alleged infringement that occurred prior to the work’s registration. Copyright Office prior to filing a copyright infringement claim. Benefit Corp v., LLC, the Supreme Court held that authors must register their work with the U.S. § 102(a) (2021).Īlthough most paparazzi photos are considered original works and thus have copyright protection, in Fourth Est. As such, these celebrity photographs fall within the subject matter of copyright protection. Although photos captured of celebrities may seem like a stretch for an “original” or “expressive” work, courts generally consider such works to be original due to their “creative choices, including … their lighting, angle, and focus.” 6 Sands v. Pursuant to § 102(a) of the Copyright Act of 1976, copyright protection exists “in original works of authorship fixed in any tangible medium of expression.” 5 Copyright Act of 1976, 17 U.S.C. 4 Emma Perot, The Conflict Between the Copyright of Paparazzi and the Right of Publicity of Celebrities, 30 Tx. From 2017 to May 2020, at least nineteen celebrities were sued, and with the rise of social media these numbers are expected to continue to increase. The photographers then file a copyright infringement suit in hopes of winning settlement payouts. These photographers often search the internet for unauthorized images posted to social media by celebrities. 1 Austin Joseph, Feeling Cute, Might Delete Later: Defending Against the Modern Day Copyright Troll, 27 UNIV. “Copyright trolling” occurs when a celebrity posts a photo of themself, taken by a paparazzo, onto their Instagram page without paying the photographer a licensing fee. Paparazzi and celebrities seem perpetually at war, with celebrities simply trying to avoid harassment, and paparazzi using any means to “get the shot.” With the rise of social media, the two sides are engaged in a new type of battle, with the battleground being celebrity’s Instagram feed, and copyright law as the paparazzi’s weapon of choice.
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