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Filmmaker Loses Publicity Claim; Can Proceed With Infringement Claim

Florida law does not prevent broadcasters from using a filmmaker's name to introduce his film, regardless of whether the broadcast is authorized, the U.S. District Court for the Southern District of Florida found.

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Florida law does not prevent broadcasters from using a filmmaker’s name to introduce his film, regardless of whether the broadcast is authorized, the U.S. District Court for the Southern District of Florida found. U.S. District Judge Marcia Cooke dismissed Cuban filmmaker Yosmani Acosta’s claim that Spanish Broadcasting System Inc. and its Mega TV channel violated the right of publicity law by using Acosta’s name during a broadcast. Acosta v. Mega Media Holdings Inc., 1:2015cv21837.

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