To register for this program, please visit the Bar Association of San Francisco's website.
Staff Attorney, Electronic Frontier Foundation
Right of publicity law is a mess. Courts apply a variety of tests and apply these tests inconsistently to different forms of media. At the same time, the right of publicity impacts a wide range of speech--from movies, to computer games, to baseball cards. Uncertainty about the relevant standards makes it difficult to advise clients about the scope of the right.
This program will review:
• How courts determine whether the First Amendment provides a defense to right of publicity claims
• Whether courts apply the law consistently to different media (comparing motion pictures and computer games)
• The recent decisions in Keller v. Electronic Arts (Ninth Circuit) and Hart v. Electronic Arts (Third Circuit)