Copyright law defeats right-of-publicity claims
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Description
Abstract: The right to copyright protection is bestowed by federal law, while the right of publicity from the use of one’s name or likeness is bestowed by state law. So which prevails when these rights come into conflict? This article describes how the Eighth Circuit answered this question in Dryer v. The National Football League and illustrates the limits on individuals to wield their right of publicity to undermine copyright holders’ rights. Dryer v. The National Football League, No. 14-3428, Feb. 26, 2016 (8th Cir.)
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