Johnny Manziel would not be the first to file a claim based on a nickname though he appears to be the most recent. As often happens, the coverage of this lawsuit (on the link below) does not use the term “Right of Publicity:” http://espn.go.com/college-football/story/_/id/8977054/lawsuit-filed-claims-johnny-football-infringement
I am always on watch for legislative developments or new case law concerning the Right of Publicity, but I also find it interesting to consider the path that the Right of Publicity has traveled. The body of case law on the Right of Publicity is some of the most fascinating, and at times colorful, in all of law.
When I was working on Indiana’s revised Right of Publicity statute in 2012, one of the points I emphasized to the legislative committee was that neither the revised legislation I was advancing nor the original Indiana Right of Publicity statute sought to create “new” rights. Instead, the statute aimed to codify common law recognition of rights analogous to the Right of Publicity.
I recently came across an article in Res Gestae, January /February 2013, Vol. 56, No. 6, entitled Intrusion into privacy… by Neal Eggeson, which exemplifies the point I was making to Indiana’s legislature. The article notes the case Continental Optical Co. v. Reed, 86 N.E.2d 306 (1949), in which the court recognized the tort of appropriation of a lens grinder whose image was used without authorization in an advertisement for a lens manufacturer. The Res Gestae article is not about the Right of Publicity, but this does illuminate how one can pick up the trail of a concept, or store away data that may be useful in the future.
Just looking out for the viewers and users of www.RightOfPublicity.com.
Coach Lombardi won the first two Super Bowls, and now Vince Lombardi can add “performing at the Super Bowl half time show” to his list of Super Bowl milestones! In case you missed it (as one of only a few on the planet?), an extended audio sequence of Vince Lombardi speaking was featured at the very beginning of Beyonce’s Super Bowl XLVII half time performance. What a great business to be in.