46 Cited authorities

  1. Harper & Row, Publishers, Inc. v. Nation Enterprises

    471 U.S. 539 (1985)   Cited 1,066 times   12 Legal Analyses
    Holding that if a new work "supersede the use of the original," it is probably not a fair use
  2. Lakewood v. Plain Dealer Publishing Co.

    486 U.S. 750 (1988)   Cited 929 times
    Holding that a licensing ordinance, which gave the mayor authority to deny a permit if he deemed it "necessary and reasonable," was facially unconstitutional under the unbridled-discretion doctrine because "nothing in the law as written require[d] the mayor to do more than make the statement ‘it is not in the public interest’ when denying a permit application"
  3. Brown v. Entertainment Merchants Assn.

    564 U.S. 786 (2011)   Cited 360 times   9 Legal Analyses
    Holding that even if violent video games make people more aggressive, California could not prohibit their sale to children
  4. DeBartolo Corp. v. Fla. Gulf Coast Trades Council

    485 U.S. 568 (1988)   Cited 684 times   6 Legal Analyses
    Holding that a union’s distribution of handbills at the entrances of a shopping mall was not threatening, coercing, or restraining within meaning of section 8(b) because there had been "no violence, picketing, or patrolling," and "no suggestion that the leaflets had any coercive effect on customers of the mall"
  5. Time, Inc. v. Hill

    385 U.S. 374 (1967)   Cited 674 times
    Holding constitutional a state law imposing civil liability for malicious false statements that invade a private individual's right of privacy
  6. Freihofer v. Hearst Corp.

    65 N.Y.2d 135 (N.Y. 1985)   Cited 549 times
    Holding that violation of confidentiality provisions of New York's Domestic Relations Law by publication of information contained in court papers in a divorce action was not capable of sustaining an intentional infliction of emotional distress claim
  7. Hilton v. Hallmark Cards

    599 F.3d 894 (9th Cir. 2009)   Cited 187 times   4 Legal Analyses
    Holding that pendent jurisdiction is unavailable over a motion to dismiss under Federal Rule 12(b) in an appeal from a denial of a motion to strike under an anti-SLAPP statute
  8. Kingsley Pictures Corp. v. Regents

    360 U.S. 684 (1959)   Cited 191 times
    Holding advocacy of immoral activities was protected speech
  9. Arrington v. N Y Times Co.

    55 N.Y.2d 433 (N.Y. 1982)   Cited 297 times
    Finding the newsworthiness exception met when defendant published an article on the expanding black middle class featuring the plaintiff's image even though plaintiff had no prior knowledge that his photograph had been taken
  10. ETW Corp. v. Jireh Publishing, Inc.

    332 F.3d 915 (6th Cir. 2003)   Cited 141 times   6 Legal Analyses
    Holding that the photographs in a collage were “combined to describe, in artistic form, a historic event in sports history and to convey a message about the significance of [Tiger] Woods's achievement in that event”
  11. Section 540.08 - Unauthorized publication of name or likeness

    Fla. Stat. § 540.08   Cited 112 times   3 Legal Analyses

    (1) No person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by: (a) Such person; or (b) Any other person, firm or corporation authorized in writing by such person to license the commercial use of her or his name or likeness; or (c) If such person is deceased, any person, firm or corporation

  12. Section 3344.1 - Using deceased person's name, voice, signature, photograph or likeness

    Cal. Civ. Code § 3344.1   Cited 46 times   7 Legal Analyses
    Providing that a "deceased personality" could, " before [his or her] death," transfer the statutory right of publicity "by contract or by means of trust or testamentary documents," but that "after the death of the deceased personality," the statutory publicity right "vest[ed]" directly in specified statutory beneficiaries