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Right of Publicity Decisions

By ALM Staff | Law Journal Newsletters |
November 02, 2006

Right of Publicity/Statute of Limitations

The U.S. District Court for the District of Oregon decided that a right-of-publicity claim over use of the plaintiff's photo in a book was barred by Oregon's 2-year statute of limitations for such claims. Johnson v. Harper/Collins, 06-3036-AA. Pro se plaintiff Donald Johnson filed suit over publication of a photo of him on a high school baseball team that appeared in the Ricky Henderson autobiography 'Off Base: Confessions of a Thief.' The book was published in June 1994. The district court noted: 'Even if the court allows that plaintiff did not learn of the book's publication until March 5, 2004, when plaintiff wrote to defendant indicating that he was aware of the photograph at issue in the book ' plaintiff filed his claim in this case on May 30, 2006, more than 2 years after he discovered the publication of the book and the photograph at issue.'

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