Discuss recent cases on ROP and first amendment
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- Many people want to know if they can operate a fan site.…Unfortunately, under the Right of Publicity Law,…you cannot do so without permission…because the celebrity has a right…to control the use of his or her image.…The artist sometimes known as Prince…sent a number of cease and desist letters…to Prince fan sites in November of 2007 claiming…right of publicity violations and copyright infringement.…The letters asked fan sites to remove all…photographs, images, lyrics, album covers,…and anything linked to Prince's likeness.…
After Prince received bad publicity, the parties entered…into negotiations, which may still be ongoing.…It's unclear how things eventually shook out.…But you can see that something as innocuous…as operating a fan site can create real infringement risk.…Living celebrities are not the only ones that…can prevent fan clubs and fan sites from happening.…Dead people have rights too.…There was a fan page for a Facebook page…called Marilyn and the Camera, which featured…pictures and words of love from Marilyn.…
Intellectual property lawyer Dana Robinson guides viewers through these complex questions and more. He also addresses what constitutes infringement and discusses recent cases on rights of publicity and the first amendment, covering issues such as using a domain name, username, hashtag, or other "indicia of association" with someone's name.
DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LinkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.