To: Supervising Attorney From: Kayleigh Burden Re: Celebrity v. Fullback Steakhouses, Inc.; Misappropriation of likeness Date: November 17, 2014 Questions Presented Under N.Y. Civ. Rights Law §§ 50, 51, would Fullback Steakhouses, Inc. be liable for violating Suzie Celebrity’s right of privacy for misappropriating her likeness using her picture or voice by airing a television commercial presenting a female-looking robot that features similar physical build, hair, fashion, and voice as Suzie Celebrity? Brief Answer Probably no. BRIEF RATIONALE/FACTS/CONCISE RULE (NO CITATION) Statement of Facts Our client, Fullback Steakhouses, Inc., is seeking advice whether Celebrity can successfully sue Fullback over the use of her picture or voice in its commercial. Fullback aired the commercial once to advertise their new chain of sports bars and would like to do so again to attract football fans to their chain. Suzie Celebrity is a well-known socialite in New York City. Her signature look is blonde hair, large sunglasses, stiletto heels, and she is always …show more content…
Although there is no binding authority regarding voice under SEC 51, there are several cases that discuss the right to protect voice as a right to publicity. MIDLER V. FORD MOCO is one of the earliest cases dealing with sound-alikes. Bette Midler, a nationally known singer and actress, was approached by Ford Motor Company in hopes that she would agree to sing her song “Do You Want to Dance” from her 1973 album “The Divine Miss M” in a commercial that was presented by Young & Rubicam, Ford’s advertising agency, as one of many commercials in what they called the “Yuppie Campaign” advertising for Ford’s new Lincoln Mercury. The idea of the campaign was to attract yuppies by playing different popular songs from the 1970’s in each commercial. Young and Rubicam wanted to acquire the original singers to sing the songs they had
Chao-Wei Wu Jeffrey McMahon English 1A 23 July 2014 Chef Jeff Henderson_Cooked Chef JH’s personal memoir, Cooked, is a model confirmation that it is feasible for an author to give a moving message without sounding sermonizing and redundant. Cooked takes place after Henderson's rise and fall (and rise once more). The story begins with his alliance with drug merchants of becoming one of the top split cocaine merchants in San Diego by his 23rd birthday. It leads to his capture and inevitably his rising into the culinary business (Ganeshram 42).
Malcolm X stated that the most disrespected, unprotected and neglected person in America is the black woman. Black women have long suffered from racism in American history and also from sexism in the broader aspect of American society and even within the black community; black women are victims of intersection between anti-blackness and misogyny sometimes denoted to as "misogynoir". Often when the civil rights movement is being retold, the black woman is forgotten or reduced to a lesser role within the movement and represented as absent in the struggle, McGuire 's At the Dark End of the Street: Black Women, Rape, and Resistance--A New History of the Civil Rights Movement from Rosa Parks to the Rise of Black Power does not make this same mistake.
In the Appalachian region, the Hatfields and McCoys did not always see eye to eye. These two families faced many feuds and, in general, did not agree on much. Many different institutional changes and class differences influenced the many feuds between the groups and to a certain degree the feuds were conflicts between traditional and modern ways of life. In many ways, the production by the History Channel in 2012 covering the Hatfields and McCoys obscure the underlying causes of these feuds and perpetuate long-held stereotypes of the actual events.
The Last Night of Ballyhoo is an interesting play with many intertwined facets that require understanding of the time period to be fully understood. The acting is entertaining because of the different voice tones of the actors and actresses. The clothing of the actors and the way the stage is set, really makes the audience feel the emotion and passion of each character.
Gluttony is described as an “excess in eating and drinking” according to American Heritage Dictionary; the Oxford English Dictionary adds that the word may also refer to an excessive desire for food and drink and by a natural extension to many kinds of overindulgence. The story which talks about gluttony is from the book Barbecued Husbands which is a collection of wonderful stories from the Macurap. Barbecued Husbands have many similarities with Greek literature in terms of, myths, fairytales, fables or even some people consider these stories will come as no surprise. Indeed, one of humanity’s shared characteristics is that, wherever it is, it contrives similar narratives as a means to explain and explore its existential predicament. Here heads move of their own desire as in Akarendek, the flying head, or the ravenous wife, shape-shifting is the norm, the inanimate moves and the corporeal and spiritual merge. The woman in Barbecued Husbands had greed of gluttony and for this desire of food she destroys her life and her family, a microcosm of the community. The works like Barbecued Husbands and Dante’s Inferno are often seen as cautionary tales and they expose human weaknesses and strengths, among
There is a man in a white t-shirt and jeans, he is standing in front the glass window of a clothing store. He admires the clothing. He decides to go inside and look at the clothing more up close. He finds a beautiful navy-blue suit, and a nice white dress shirt. He decides to try them on, as he sees himself in the mirror he sees a whole different person in the mirror, he sees a sophisticated and professional man.
Going back to the example of the dog poop girl, she would be justified in claiming an invasion of privacy as she was negatively characterized. The scope of law needs to expand to protect the reputation of an individual. Invasion of privacy occurs if one is portrayed falsely and in a highly offensive manner. As in the hot dog example the taking of the photograph was not a violation of privacy, however posting it online to ridicule the individual is. Privacy may also be invaded if the photo was taken by someone who intruded in a situation in which, there was a reasonable expectation of privacy -- for example, in your own home, public restroom. It is not an invasion of privacy to photograph someone in a public place or at any event where the public is invited. However, posting the messy hot dog picture is defamatory -- that is, it creates a false impression and injures your reputation. Furthermore, the fact that an unmodified photo is unflattering is not enough to claim defamation. The photo must falsely portray and must cause people in the community to think less of a person to warrant a claim. Campell v. MGN Limitted, 2004 UK is another example of how images posted online can defame. Naomi Campbell used drugs and threw the phone at her assistant. Pictures were made public to portray a bad image about her. Naomi Campbell would warrant a privacy claim on these grounds, as would I in the situation of the hotdog stand. Another reason to stop the use of the photograph is known as the right of publicity. This occurs if the image is used for commercial purposes such as to sell products or to imply that you endorse a product. An example would be if the messy hot dog image was used to advertise the hot dog stand. If the photo is used in a commercial website the unauthorized use of your image would violate the right of
This is indeed a touchy subject. This particular court case is one that has sparked a great deal of debate and one that requires some understanding of Miller v. California and New York v. Farber. Two semesters ago, my Media Law class spent a little time reviewing each of these cases plus the one we are discussing and even after doing so, I still find this ruling a bit disturbing.
The Jazz Singer created a new advancement by introducing the first talking film. The article 1920s Movies mentions “The production of The Jazz Singer in 1927 did much to change the industry’s perception of talking pictures. The technology had advanced little in the previous five years, but the production was the first feature length talking picture to feature a star singer and actor, Al Jolson, speaking and singing on screen.” The Jazz Singer was the first film to incorporate speaking techniques in a cinematic setting. “The Jazz Singer is a special historical landmark as the first Hollywood feature film in which spoken dialogue was used as part of the dramatic action” (Carringer 28). In addition, The Jazz Singer was the beginning of a new technique that is still used in today’s society. “They talk of it today with awe, because in 1927 it was as though men had landed on the moon. The shaky, abrasive voice of the movies had been heard for the first time. Talkies had been born” (Higham 72)....
For instance, the face of the makeup product Almay, is famous country singer Carrie Underwood. As a Carrie Underwood fan, watching her from her debut on American Idol, to seeing her on the Almay commercial, I feel more opt to buy her product because I know she is a credible source, thus, I would not buy a makeup product from somebody that I have never been introduced to before. In the advertisement, Carrie Underwood says their slogan “Get the American look.” Using her and the slogan creates a feeling that makes me want to go out and use their product rather than another makeup brand. More people will be willing to buy a product that has a known face promoting it. If someone unknown promoted the product people will get bored and change the channel because they have no personal connection or interest with the person. Comparatively, If the government made laws and limitations it would not only decrease profits, but not allow celebrities that have their own clothing, makeup lines etcetera. to promote their products, they would have to have someone else advertise their product that they are the representative for. Such as, Jennifer lopez, a famous actress and performer, she has her own clothing and fragrance line. If she wanted to promote her products in a commercial, she would have to hire someone else to perform this action,and not only train them, but pay them for something that she is able to do herself that she is profiting from. This is definitely an example of unprincipled marketing. Passing rules, are the real thing that would cause the unfair marketing
Out of the many commercials that are out in television, one that stood out to me was the Kim Kardashian T-Mobile’s Data Stash commercial. At first sight, viewers may see it as a joke, although it does have important information being featured. They use Kim Kardashian because she is famous and the year it was aired, her popularity was very high. The commercial seems very stupid, but it still presents rhetorical devices. As Parker and Chavez said, “It was one of the most anticipated Super Bowl ads of 2015. But the reaction was far from winning” (para. 1).
Chris Tucker has a net worth of -$11.5 million. He is a comedian and actor.
Everyday we are encountered with music. In television shows, movies and all other sorts of entertainment. From the typical McDonald's jingles, to those famous Star Wars overtures. All these small musical embellishments within media appear to be so inconsequential, yet they have presented such a huge impact into our society. Without these jingles in these films or advertisements, it wouldn’t seem like a McDonald’s commercial or Star Wars movie at all.
In the United States, the phrase “invasion of privacy” is a term often used in legal proceedings. There are four types of “invasion.” First, intrusion of solitude, this means physical or electronic intrusion into ones personal information. Second, public disclosure of private facts, this is the act of spreading truthful private information, which one might find objectionable. Third, false light, this is the publication of facts which place a person in a false light. Lastly, appropriation, this is the use of a person’s name or likeness to obtain something in
Sisto, Joseph. "Do Celebrities Forfeit the Right to Privacy?" Lawyers Weekly jan. 2005: N.p. Web. 3 Dec. 2013. .