Right of Publicity: Recent Developments and Dangers
Right of Publicity: Recent Developments and Dangers



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Course Description

This program was recorded on January 29, 2019

A discussion and tons of examples to illustrate both the scope of claims for “commercial appropriation of an individual’s persona” and claims based on context and avatars and what communications may be deemed to “commercial exploitation”. Best practices in corporate communications and brand integration will be covered together with the “horror stories” you need to share with your company and clients to get their attention to the dangers posed by the ever growing Right of Publicity.

Attorney Rick KurnitRick Kurnit
Rick Kurnit is co-chair of the Frankfurt Kurnit Advertising/marketing group and the only lawyer named to Adweek’s Top 50 Executives Who Make the Wheels Turn. Selected by Best Lawyers as its first New York Media Lawyer of the Year, Copyright Lawyer of the year 2018, and annually for over ten years in six fields: Advertising, Copyright, Entertainment, Intellectual Property Litigation, Media, and Trademark. Rick is ranked by Chambers USA as a star in Advertising law, as a “leading lawyer” in Marketing and Advertising by The Legal 500, a “Super Lawyer” in advertising, and a Leading IP Lawyer by Lawyer Monthly Magazine. A founding Vice Chair of the ABA Committee on Private Advertising Litigation, Rick has handled many of the leading cases defining the application of intellectual property law to advertising and marketing communications, including representing the defendants in the Vanna White, Woody Allen, and Jackie Onassis look-alike cases; Viking Press, Nelson DeMille, Terry McMillan, and other authors and publishers in libel cases based on works of fiction; Prodigy in the Stratton Oakmont case; John Deere in defining use of trademarks in comparative advertising; the maker of a smaller copy of the necklace from Titanic in defining the scope of parallel marketing; and Gone With The Wind in defining parody and copyright infringement, and numerous Lanham Act and comparative advertising cases and NAD challenges.

Contact Rick Kurnit

2 General Credits

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  1. Elements of Personna that are protectable
  2. What constitutes commercial Use
  3. Brand Integrations and Native Advertising
  4. Different definitions of First Amendment protections for expressive content
  5. Media Exception for advertising expressive content
  6. Dangers and Best practices
  7. Lanham act liability