Celebrities gain in battle with advertisers
Article Abstract:
Celebrities continue seeking redress in court for unauthorized commercial use of their personalities. Traditionally, court have not sided with the celebrities unless their exact names or appearances were used, but the 9th Circuit rulings in Midler v Ford Motor Co, Waits v. Frito-Lay Inc and White v Samsung Electronics Inc the celebrities were all granted relief and the standard for doing so became progressively more liberal. The White decision concerned a blonde-haired, letter-turning robot used by Samsung in an advertisement, and some see the decision as a threat to freedom of speech.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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'Fonovisa' revisits issue of vicarious infringement; a 9th Circuit decision involving pirated music may be troubling for flea market operators
Article Abstract:
The US Court of Appeals for the 9th Circuit ruled in Fonvisa, Inc. v. Cherry Auction, Inc. that a swap meet operator was liable for the infringing acts of vendors. The court felt that Fonovisa had proved the owners had knowledge of the infringement but the decision also seems to indicate that unknowing swap meet owners could be vicariously liable. The court used the test for vicarious liability for copyright infringement developed in Shapiro Bernstein & Co. v. H.L. Green Co.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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