The New York appellate court dismissed the appeal, finding that even though the film was a dramatization that made changes to certain aspects of the story, it still addressed matters of public interest and acknowledged that it was a blend of fact and fiction; therefore, it was exempt from the right of publicity claim.
A.B. 5605 and S.B. 5959 would create a right of publicity for the life of a person plus 40 years after their death. It would bar the use of a person’s name, portrait or picture, voice, or signature (collectively, their persona) without written consent in advertising or for the purposes of trade (or fundraising).
The U.S. Court of Appeals for the Second Circuit dismissed Higginbotham’s First Amendment retaliation lawsuit against police officers who arrested him when he was filming an Occupy Wall Street arrest.
A.B. 8155b and S.B. 5857b would amend New York’s existing right of privacy law to create a new right of publicity for the life of a person plus 40 years after their death. It would bar the use of a person’s name, portrait or picture, voice or signature — i.e., their persona — without their consent in advertising or for the purposes of trade. The new right is a property right that can be transferred and is inheritable. Name is defined to include a person’s nickname.
Plaintiffs Lohan and Gravano argued to rewrite New York Civil Rights Law Section 51 to include protections against the inclusion of “image,” “persona,” or “likeness” in any work for which a creator or publisher seeks compensation.
Summary A.B. 9011 is an HTPA bill. It bars the sale or distribution of any computer or mobile device without filtering software that blocks access to child pornography, any “hub that facilitates prostitution” or...
New York A.B. 8155 and S.B. 5857 would amend the state’s existing right of publicity law to extend the right to individuals post mortem and broaden the right beyond a person’s name, portrait, picture or voice.
New York S.B. 5226 would criminalize the dissemination of “harmful to minors” material to a minor online. It is identical to a New York law that was struck down in the 1997 Media Coalition case American Library Association v. Pataki.
New York A.B. 7904 and S.B. 5650 would create a right of publicity in a person’s name, voice, signature, image or likeness for any person deceased within the last 70 years who was domiciled at New York at the time of death. There is an exception for expressive use, but there is a “caveat” to this exception.
New York A.B. 11717 would bar any retailer from selling or renting any video game that has been rated if its rating is not prominently displayed on its cover or jacket.
Some of Media Coalition’s members signed an amicus brief asking the Supreme Court to review a decision of the New York Court of Appeals which upheld a content-based tax on communication protected by the First Amendment.
The U.S. Supreme Court denied the petition for a writ of certiorari, concerning whether a state may discriminate in taxation among First Amendment-protected materials based on the perceived value of their content.
New York A.B. 290 would impose a $2 surcharge on each magazine, video, DVD, or website registered in New York that contains nude images.
