Legal Opinion
Brown v. Ames
Court of Appeals for the Fifth Circuit
Decided February 7, 2000No. 98-20736PublishedCited by 47 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Appellants Collectibles and Ames principally appeal the district court’s determination that appellees’ state law claims for violation of their rights of publicity are not preempted by the Copyright Act. The misappropriation consisted of appellants’ unauthorized use of appellees’ names and likenesses to market appellees’ musical performances on CD’s and audio cassettes for which appellants also lacked copyrights. Because a person’s name and likeness in themselves are not copyrightable, and because the state law tort for misappropriation does not conflict with…
2Cases cited35 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
- Kewanee Oil Co. v. Bicron Corp.Supreme Court of the United States · 1974
- Zacchini v. Scripps-Howard Broadcasting Co.Supreme Court of the United States · 1977
30 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Doe v. MySpace, Inc.Court of Appeals for the Fifth Circuit · 2008
- Downing v. Abercrombie & FitchCourt of Appeals for the Ninth Circuit · 2001
- Facenda v. N.F.L. Films, Inc.Court of Appeals for the Third Circuit · 2008
- Debra Laws v. Sony Music Entertainment, Inc., D/B/A Epic Records, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2006
- Carson v. Dynegy, Inc.Court of Appeals for the Fifth Circuit · 2003
42 more not listed; retrieve them via the Exa API.