It follows a letter from our attourney:Gentlemen: I have been retained by E4U-DATA Ltd. to provide my legal opinion regarding the website's compliance with U.S. copyright and right of publicity laws. This letter shall serve as my client's formal legal response to your communications regarding the publication of celebrity images and references. : Right of Publicity As you know, the "right of publicity" is a cause of action for injunctive relief and damages where a person's name, portrait, or picture is used, without that person's consent, for advertising purposes, or for purposes of trade. This cause of action has been narrowly construed by the courts, especially in the context of persons denominated "public figures," so as to avoid any conflict with the free dissemination of thoughts, ideas, newsworthy events, and matters of public interest guaranteed by the First Amendment. Thus, as has been noted by courts nationwide, freedom of speech and the press under the First Amendment transcends the right to privacy. It is well established under the common law that the simple use of images in a magazine that is published and sold for profit does not constitute a use for advertising or trade sufficient to make out an actionable claim, even if its manner of use and placement was designed to sell the article so that it might be paid for and read. This is true irrespective of the fact that such publications are carried on largely, and even primarily, to make a profit. More generally, it has been recognized that certain publications are of public interest and, therefore, protected, even if not strictly concerned with news or nonfictional material. The scope of what is "newsworthy" or of "public interest" is to be freely defined. There is little doubt that celebrities are public figures, and therefore images of celebrities are of public interest. As the Court in Perfect 10 vs. Net Management Services so aptly held, celebrity images are newsworthy, plain and simple. The publication of celebrity images is absolutely protected unless a copyright is rightfully asserted and established. In the matter at hand, E4U-DATA does nothing more than feature the nude images of well-known female celebrities. The use of such images in this way does not constitute misappropriation for trade or advertising purposes. Therefore, there is no legal basis, either under the common law or under the First Amendment to the United States Constitution, for a cause of action against E4U-DATA for violation of the right of publicity. Conclusion I hope that this letter will be sufficient to reach a prompt resolution of this matter. Be advised that your company may be liable for money damages. Thank you for your attention. Please contact me if I can be of further assistance. Very truly yours, Carl B. Gerardi (electronic signature) Attorney for E4U-DATA Disclaimer / 18 U.S.C. 2257 / Terms & Conditions / Privacy Policy / Refund Policy / DMCA / Copyrights of Celeb Content |