Does the implied preemption of a right of publicity claim apply?
MultiRegion, United States of America
The following excerpt is from Jackson v. Roberts (In re Jackson), 972 F.3d 25 (2nd Cir. 2020):
7 But see Brown v. Ames , 201 F.3d 654, 65961 (5th Cir. 2000) (concluding that right of publicity claims are not barred by implied preemption because they pose no risk of "undermin[ing] the copyright system").
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 301 of the Contractor's Bill of Rights Preemption apply to claims brought under a collective-bargaining agreement? (MultiRegion, United States of America)
Can a plaintiff bring a claim under section 52.1 of the California Civil Rights Code against a public official for allegedly interfering with her civil rights? (MultiRegion, United States of America)
Is there a waiver of sovereign immunity for a civil rights claim brought under Title II of the Civil Rights Act? (MultiRegion, United States of America)
In what circumstances will a court find that a state law right of publicity claim against a copyright holder be preempted? (MultiRegion, United States of America)
Does a state's claim presentment requirements apply to federal civil rights actions? (MultiRegion, United States of America)
How has the Board of Arbitration for Human Rights applied the appropriate legal standards in its analysis of personal injury claims? (MultiRegion, United States of America)
How does the law of the state apply to a claim under the Federal Tort Claims Act? (MultiRegion, United States of America)
Does the right to a speedy trial in a civil case apply to the other rights secured by the sixth amendment? (MultiRegion, United States of America)
Does the good faith defense apply to claims for denial of constitutional rights based on excessive force and malicious prosecution? (MultiRegion, United States of America)
What is the test for applying the Convention on Human Rights in the context of human rights issues? (MultiRegion, United States of America)
