by administrator | Nov 15, 2016 | News
1. In General Rights of publicity, rights of privacy, and defamation are closely related to copyright and trademark law and are governed primarily by state, rather than federal law. 2. Right Of Publicity The right of publicity protects a person’s interest in the commercial value of his or her identity. The term “right of publicity” was established in a 1953 court decision that involved baseball players’ rights to prevent use of their likenesses and playing statistics on baseball cards without their permission. Although there is currently no federal statute expressly recognizing a person’s right of publicity, this right has been recognized in many states and actually codified by statute. Efforts to enact a North Carolina right of publicity statute in 2009 were unsuccessful. 3. Right Of Privacy A right of privacy is defined as the right to restrict public disclosure of private facts or information. It is a personal right- violations are considered tortious in nature and the focus is on injury. The test for liability is whether the intentional intrusion into another person’s private affairs would be highly offensive to a reasonable person. The rationale for a right of privacy is that individuals have a right to be left alone and free from publicity about the private parts of their lives. A defendant can be held liable for publication of private facts even when the facts are true. The risk of liability is greatest for this claim when the facts have no public significance and when publicity about them would be highly offensive to a reasonable person. 4. Defamation Defamation includes both libel (for written...
by administrator | Nov 8, 2016 | News
A) Definition “Clearance” means ensuring that one has all the rights of legal ownership and control that one needs to be able to publish and otherwise use content without infringing any rights of third parties. B) Importance Failure to clear content exposes a producing entity to potential liability for copyright infringement and violations of other intellectual property rights. Lawsuits over intellectual property rights may take years to resolve. Plaintiffs in these lawsuits may receive large damage awards, and courts sometimes order defendants to reimburse the plaintiffs for their attorneys’ fees and other costs of litigation. For these reasons, it is critical for content users to ensure that any and all necessary permissions are secured prior to publishing or otherwise using third party proprietary...
