• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

Who Owns Your Life Story? Free Speech Rules (Episode 4)

Views:993
@ReasonVids

Do people need your permission to write about you? What if they want to make a movie about you, or a YouTube video, blog post, whatever? Who owns your name, likeness, voice, and life story? Here's the answer, in four rules.

Well, two rules, one who-knows, and one piece of advice.

Rule 1: People can write books about you, make movies about you, or write articles about you, all without violating your so-called "right of publicity." That right is often defined as an exclusive right to commercial use of your name, likeness, voice, and other "attributes of identity"; but it does not apply to biography, fiction, news coverage, and so on.

The First Amendment protects people's ability to write about others. That's what newspapers do, both about famous people and about ordinary ones who happen to draw the newspaper's attention. It's also why we see unauthorized biographies, whether in print or on the screen, and fiction with real characters, like Midnight in Paris and Forrest Gump. And that's true even though those items are distributed for money.

So, you don't really own your name or likeness or life story, in the sense of having exclusive rights over it. Neither does your biographer. No-one owns it, because everyone is free to use it, at least when they're commenting about you and your life.

Rule 2: People generally can't use your name, likeness, or voice in commercial advertising. In some situations, such use can also violate trademark law, because consumers might be confused into thinking you're endorsing the product.

Exception: If people are advertising books about you or newspapers that mention you, it's OK for them to use your name or picture in doing so. Such ads are treated like the underlying book or newspaper, and are therefore allowed.

This right to prevent the use of a name or likeness in advertising applies not just to living people, but also to recently dead ones. How recent? Depends on the state where the people were living when they died. Some states cover people for 50 years after their death, some more, some less.

Rule 3: When it comes to merchandising, different state and federal courts have reached different results about this, often inconsistent results. Indeed, the Missouri Supreme Court held that people can sue over use of their name in comic books, though courts have consistently rejected this theory for other kinds of books. But this may be an outlier decision; other judges have criticized it, and the California Supreme Court has rejected such a lawsuit, in a comic book case very similar to the Missouri one.

It's also unsettled whether athletes' names and statistics can be used in the big business of sports gaming, whether fantasy sports leagues or sports video games. The Supreme Court could resolve whether and when the First Amendment protects such less traditional communications media against right of publicity claims, but the Justices haven't done that yet.

And a practical note: Even though creators may have the right to freely use people's names in, say, movies about them, it might still be a good idea to get their agreement, if possible.

While filmmakers and authors routinely win right of publicity lawsuits filed against them, there's still some risk and a lot of expense. Safer for the creators to pay some money, if they have it and the person is willing to take it.

Second, biographers can be liable for defamation, if they get some significant facts wrong about a living person.

Third, working with subjects (or their heirs) can give authors access to facts they otherwise wouldn't know.

Fourth, getting the subject's permission can prevent bad publicity, and can enlist the subject into helping promote the work.

All this might be impossible, for instance if a biography would be critical of its subject, so that the subject will refuse to cooperate. In that case, the authors may want to stand on their First Amendment rights, see Rule 1. But if cooperation is possible, it's a good idea.

Finally, all we say here has to do with American law. These days, much of the revenue for movies comes from other countries—and the rules in those countries might be different. Better safe than sorry, many producers and publishers say.


Written by Eugene Volokh, who is a First Amendment law professor at UCLA.
Produced and edited by Austin Bragg, who is not.


----------------

Music: "Lobby Time," by Kevin MacLeod (Incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
http://creativecommons.org/licenses/by/3.0/

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
    Thumbnail for Stossel: Harvard Caves to Student Mob6:30
    Stossel: Harvard Caves to Student Mob
    ReasonVids
    1025 views
    Thumbnail for No Accepted Medical Use? Three Perspectives on Medical Cannabis10:25
    No Accepted Medical Use? Three Perspectives on Medical Cannabis
    ReasonVids
    983 views
    Thumbnail for Juvenile Justice: Last Week Tonight with John Oliver (HBO) | LastWeekTonight36:52
    Juvenile Justice: Last Week Tonight with John Oliver (HBO) | LastWeekTonight
    invidious
    146 views
    Thumbnail for Bollywood vs. Bin Laden: Why radical Islam fears pop culture5:00
    Bollywood vs. Bin Laden: Why radical Islam fears pop culture
    ReasonVids
    1115 views
    Thumbnail for Testing Semi Trucks vs Impossible Ramps in GTA 5 | GrayStillPlays21:14
    Testing Semi Trucks vs Impossible Ramps in GTA 5 | GrayStillPlays
    invidious
    190 views
    Thumbnail for Mud Shark1:00
    Mud Shark
    bestofvoatxyz
    987 views
    Thumbnail for "I Can't Take the Loss of Liberty" or, How to Radicalize a Suburban Mom5:17
    "I Can't Take the Loss of Liberty" or, How to Radicalize a Suburban Mom
    ReasonVids
    885 views
    Thumbnail for Dr. McCullough: Governments blocked and even destroyed stockpiles of HCQ in order to prevent its use in early treatment of Covid.1:34
    Dr. McCullough: Governments blocked and even destroyed stockpiles of HCQ in order to prevent its use in early treatment of Covid.
    bestofvoatxyz
    573 views
    Thumbnail for Stepmom From Hell Landed My Father in Jail! | Grunt Speak31:54
    Stepmom From Hell Landed My Father in Jail! | Grunt Speak
    Terrence Popp
    424 views
    Thumbnail for America's 3 Most Fee-Ridden Cities4:30
    America's 3 Most Fee-Ridden Cities
    ReasonVids
    1022 views
    Thumbnail for The Most Conformist Woman in the World (Dos Equis AI Commercial) | Abandoned Films1:38
    The Most Conformist Woman in the World (Dos Equis AI Commercial) | Abandoned Films
    invidious
    96 views
    Thumbnail for 8/17(土)【優勝戦】ミッドナイトボートレース下関6th ふく~る下関オープン12周年記念 日本トーター杯 お盆特選【ボートレース下関YouTubeレースLIVE】 | ボートレース下関公式チャンネル5:36:11
    8/17(土)【優勝戦】ミッドナイトボートレース下関6th ふく~る下関オープン12周年記念 日本トーター杯 お盆特選【ボートレース下関YouTubeレースLIVE】 | ボートレース下関公式チャンネル
    invidious
    288 views
    Thumbnail for Is High-Speed Rail A Fantasy? Adrian Moore and Wendell Cox Discuss CA's Biggest Boondoggle.27:05
    Is High-Speed Rail A Fantasy? Adrian Moore and Wendell Cox Discuss CA's Biggest Boondoggle.
    ReasonVids
    914 views
    Thumbnail for İRAN'DAN CANLI YAYIN | Netanyahu Emri Verdi İsrail İran'a Yüzlerce Savaş Uçağıyla Saldırdı! | SÖZCÜ Televizyonu5:12:25
    İRAN'DAN CANLI YAYIN | Netanyahu Emri Verdi İsrail İran'a Yüzlerce Savaş Uçağıyla Saldırdı! | SÖZCÜ Televizyonu
    invidious
    150 views
    Thumbnail for Respect0:34
    Respect
    bestofvoatxyz
    569 views
    Thumbnail for The Newsroom's Will McAvoy vs. Anchorman's Ron Burgundy1:52
    The Newsroom's Will McAvoy vs. Anchorman's Ron Burgundy
    ReasonVids
    952 views
    Thumbnail for jewish girl at the end could not hold any longer1:45
    jewish girl at the end could not hold any longer
    bestofvoatxyz
    673 views
    Thumbnail for Endgame Master Chief Becomes The Impossible | Soccernx0:35
    Endgame Master Chief Becomes The Impossible | Soccernx
    invidious
    235 views
    Thumbnail for Yaaaayyyyy!0:44
    Yaaaayyyyy!
    bestofupgoat
    120 views
    Thumbnail for Detained for 19 Days: Immigration Checkpoint Refusal Gone Wrong9:47
    Detained for 19 Days: Immigration Checkpoint Refusal Gone Wrong
    ReasonVids
    1095 views
    Thumbnail for 3 Reasons to End Obamacare Before it Begins!1:44
    3 Reasons to End Obamacare Before it Begins!
    ReasonVids
    931 views
    Thumbnail for Over 7% of covid jab recipients had to be hospitalized following the shot. So much for reducing hospitalizations. 🤣2:06.525999999999996
    Over 7% of covid jab recipients had to be hospitalized following the shot. So much for reducing hospitalizations. 🤣
    bestofsaidit
    664 views
    Thumbnail for Montana's Medical Marijuana Battle: "Code of the West" Filmmaker Rebecca Richman Cohen5:29
    Montana's Medical Marijuana Battle: "Code of the West" Filmmaker Rebecca Richman Cohen
    ReasonVids
    907 views
    Thumbnail for Michael Shaw on Crafting the President's Image5:44
    Michael Shaw on Crafting the President's Image
    ReasonVids
    1038 views
    Thumbnail for FREE SPEECH FIGHT:  New Orleans Bureaucrats Silence Speech, Tour Guides Fight Back2:35
    FREE SPEECH FIGHT: New Orleans Bureaucrats Silence Speech, Tour Guides Fight Back
    IJvids
    1099 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle