1 / 15

Intellectual Property

Intellectual Property. Boston College Law School April 23, 2007 Right of Publicity. State Intellectual Property Laws. Different areas Trade Secret Misappropriation Contract Idea Submissions Publicity Moral Rights Trespass Preemption. Midler v. Ford Motor.

jsjogren
Download Presentation

Intellectual Property

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Intellectual Property Boston College Law School April 23, 2007 Right of Publicity

  2. State Intellectual Property Laws • Different areas • Trade Secret • Misappropriation • Contract • Idea Submissions • Publicity • Moral Rights • Trespass • Preemption

  3. Midler v. Ford Motor

  4. California Right of Publicity • Cal Civ. Code 3344 • (a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products … or for the purposes of advertising products, … without such person’s prior consent … shall be liable for any damages …” • Common Law Right of Publicity • Appropriation of celebrity’s identity for commercial purposes

  5. White v. Samsung

  6. Wendt v. Host

  7. Comedy III v. Saderup

  8. Saderup

  9. Warhol

  10. Masters Of Augusta

  11. Elvis Impersonators

  12. Cardtoons v. MLBPA

  13. Justifications • Utilitarian justifications • Incentive for creativity and achievement • Preserve value of identity as a marker • Prevent consumer deception and confusion • Labor-desert • Reward labor and hard work • Prevent unjust enrichment • Personality theory • Protect interest in controlling own identity

  14. Administrative • Next Class • Finish syllabus

  15. Hypo

More Related