Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesSectionsNewsLJN Newsletters

'Tonight Show' Doesn't Violate Publicity Right

By ALM Staff | Law Journal Newsletters |
March 29, 2006

The New York Appellate Division, Fourth Department, granted dismissal of claims against NBC and Jay Leno over use without the plaintiff's permission of her photograph in the humorous headlines segment of 'The Tonight Show.' Walter v. NBC Television Network Inc., 74 CA 05-01646. The appellate court concluded: 'Here, the use of plaintiff's photograph by the NBC defendants was not strictly limited to a commercial appropriation, and thus the use of the photograph does not fall within the ambit of those sections of the [N.Y.] Civil Rights Law. ' Newsworthiness is to be broadly construed. ' We conclude that the comedic component of the newsworthiness exception [to liability for a right-of-publicity violation under the New York statute] applies here.'

The New York Appellate Division, Fourth Department, granted dismissal of claims against NBC and Jay Leno over use without the plaintiff's permission of her photograph in the humorous headlines segment of 'The Tonight Show.' Walter v. NBC Television Network Inc. , 74 CA 05-01646. The appellate court concluded: 'Here, the use of plaintiff's photograph by the NBC defendants was not strictly limited to a commercial appropriation, and thus the use of the photograph does not fall within the ambit of those sections of the [N.Y.] Civil Rights Law. ' Newsworthiness is to be broadly construed. ' We conclude that the comedic component of the newsworthiness exception [to liability for a right-of-publicity violation under the New York statute] applies here.'

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.