Rights Of Publicity: Contradictions In The Courts

Law360, New York (January 10, 2013, 1:36 PM EST) -- A recent New Jersey federal district court decision, Hart v. Electronic Arts Inc., described the body of law attempting to balance First Amendment rights with the right of publicity as “disordered and incoherent,”[1] a description with which those practicing in this subject area would readily agree. Ironically, however, Hart exacerbated this incoherence by coming to, on the same facts, an opposite conclusion from a California federal district court decision that preceded it by 18 months, Keller v. Electronic Arts.[2]

Both of those cases are now on...
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