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Hot Topics in Right of Publicity Disputes



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Description:  
The parameter of rights in an individual’s persona—name, voice, likeness and other elements of an individual’s identity—is often a key consideration for creators of media content and their counsel. This presentation examines recurring legal issues and recent case law developments in disputes over such rights of publicity. Topics to be covered include: whether a right of publicity has been effectively assigned; how statute of limitation concerns can impact right of publicity litigation; which state’s or country’s right of publicity law applies; the interplay of publicity rights with federal Lanham Act claims individuals may pursue over unauthorized uses of their personas; and whether a defendant has raised a viable “transformative use” argument that will defeat an unauthorized use claim.
 
Presenter Bios  
 
Stan Soocher is Professor of Music & Entertainment Industry Studies at the University of Colorado's Denver Campus, where he served for three years as Music Department Chair. In addition, Stan is an entertainment attorney and the long-time Editor-in-Chief of the monthly Entertainment Law & Finance, an ALM Media publication. He has authored the books Baby You're a Rich Man: Suing the Beatles for Fun & Profit and They Fought the Law: Rock Music Goes to Court.
 
Stan has given speeches on entertainment law and related industry issues to bar associations and/or entertainment industry conferences in Los Angeles, Nashville, New York, Austin, Washington, D.C., the United Kingdom, Germany, Las Vegas, Miami, Oregon, Minnesota, Virginia, Washington State, Orlando, Atlanta, Boston, New Orleans, North Carolina, New Jersey and Colorado, among other locations.
 
Stan is a recipient of the State Bar of Texas Entertainment & Sports Law Section's "Texas Star Award." The award is given to an individual "who has made a major and noteworthy contribution to the practice of entertainment law." Also during his career, Stan has received ASCAP Deems Taylor Awards for excellence in music journalism, including for his music law articles in Rolling Stone, The National Law Journal and Musician Magazine.
 
For many years, Stan covered the federal appeals courts in a weekly section for The National Law Journal. Early in his career, he worked as an associate editor for the rock music magazine Circus.
 
Among the many media outlets who have interviewed Stan about entertainment industry issues are the Associated Press, National Public Radio, CNN, Los Angeles Times, The New York Times, New York Daily News, The New York Post, Miami Herald, Washington Post, The Philadelphia Inquirer, Chicago Tribune, Denver Post, Salt Lake Tribune, Entertainment Weekly, The Wall Street Journal, Variety, London Times and BBC-TV.
 
Stan holds B.A. and M.A. degrees in English from the University of Florida and a J.D. from New York Law School. He is also a drummer.


Practice Areas: Entertainment & the Arts
Online Media Type: Audio
Production Date: 03/09/2021
Level: Intermediate
Category: Standard
Duration: 1 Hours, 2 Minutes
Online Format: On Demand

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Status: Reciprocal Credit Available
Expiration: 03/08/2024
Training Type: Online

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Speakers:
Stan Soocher - University of Colorado at Denver, Denver, CO
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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