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Elvis's Posthumous Publicity (II)
Highest Court N.D. Ohio
Year Ended 1980
Plaintiffs Music Merchandiser(s)
Defendants Factors, Etc.
Other Presley, Elvis
Short Description This is a federal court opinion in Ohio, in which the court was asked to decide whether the state of Ohio recognized a "right of publicity" as a separate cause of action from any intellectual property rights granted by state and federal laws. The court held that not only did Ohio recognize such a right, but that it was not preempted by the Copyright Act, as it protected entirely different interests, such as likeness, appearance, endorsements, etc. However, given the recent 6th Circuit decision ("Elvis's Posthumous Publicity (I)"), in which it was held the right of publicity did not extend beyond the life of the artist, the court cautioned that its holding here (regarding preemption) may be moot at a later time. But the issue of inheritability was not yet ripe in this case. (A later case, "Two Nonprofit Elvis Institutions?," does a good job explaining why "publicity" rights are inheritable, but "privacy" rights are not.) - LSW

Legal Issues
General Affirmative Defenses Federal Preemption
Trademarks & Unfair Competition General Ownership
  State Statute/Common Law Right of Publicity


Opinions Apigram Pub. Co. v. Factors, Etc., Inc.
1980 WL 2047
N.D. Ohio , July 30, 1980 ( No. C 78-525 )


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Related Searches Parties
Factors, Etc. ( Defendant )
Music Merchandiser(s) ( Plaintiff )
Presley, Elvis ( Other )

Legal Issues
General / Affirmative Defenses / Federal Preemption
Trademarks & Unfair Competition / General / Ownership
Trademarks & Unfair Competition / State Statute/Common Law / Right of Publicity

Courts
N.D. Ohio (highest court)


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