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Bit Parts

By Stan Soocher
July 29, 2010

Florida Federal Court Dismisses Book Author's Publicity and Privacy Claims

The U.S. District Court for the Southern District of Florida dismissed right of publicity and invasion of privacy claims over unauthorized use of the plaintiff's image in conjunction with materials from his collection of photos of members of Cuba's Castro regime on the defendants' Maria Elvira Live TV show, on their Web site and in YouTube clips. Fuentes v. Mega Media Holdings Inc., 09-22979-CIV. District Judge Federico A. Moreno noted of book author Norberto Fuentes's right of publicity claim, under Fla. Stat. '540.08, that “there are a number of Florida cases that hold the use of one's name, likeness, portrait or photograph, whether in a news report, television show, play, novel, or the like is not actionable unless the individual's name or likeness is used to directly promote a commercial product or service, separate and apart from the publication.” As for invasion of privacy under Fla. Stat. '540.08, the district judge explained that “the publication here, the Maria Elvira Live show, is a television program intended to entertain and/or inform the public. There is no allegation that Mr. Fuentes's name and likeness was used to promote some other product or service on the show.” A copyright claim was still in play in the case

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