Marketing Through Celebrities Update: Publicity Rights, Product Placement and Endorsement

(625 Ratings)

Produced on: May 18, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

For decades, the names, likenesses, images and voices of celebrities have been used for marketing purposes. Publicity rights protect celebrities by providing the right to control the commercial use of one’s identity. Here, explore publicity rights and review various applicable cases from the inception of the doctrine.

Join Amy B. Goldsmith, Co-Chair of the Intellectual Property Practice of Tarter Krinsky & Drogin LLP in New York City, for this exciting update. She will address the only Supreme Court case to address the issue, Zacchini v. Scripps-Howard Broadcasting Co., as well as newer cases from around the nation. She also addresses the differences between the laws in New York versus California and contractual protection for publicity rights, including endorsement contracts, product placement, and licensing.

Learning Objectives:

  1. Understand publicity rights

  2. Identify important questions to ask the celebrity before the deal is made

  3. Distinguish between privacy and publicity

  4. Recognize violations such as false advertising and false association

  5. Comprehend statutory right of publicity, common law right of publicity, and the Lanham Act

  6. Address recent case decisions


Faculty

Amy Goldsmith

Tarter Krinsky & Drogin LLP

Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement.

She will advise you whether your trademark is available in the United States and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. Amy will also guide you through the clearance process, whether the subject matter is books, movies or live action. If a dispute is on the horizon, she will be by your side until a fair resolution is reached.

Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, cosmetics, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods.

She is a Vice President of the New York Women's Bar Association. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.

Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.

Reviews

KD
Katerina D.

Very good!

SH
Steven H.

great to see new IP videos from Amy Goldsmith. She is a Lawline staple

PC
Phyllis C.

Excellent

EL
Eve L.

Excellent presentation!

BL
Brian L.

Thank You

JN
John N.

very informative

WZ
William Z.

another excellent presentation.

KC
Kristine C.

Highly knowledgeable speaker especially evident when she answered audience questions.

AR
Amanda R.

Interesting to learn about the time caps for each state and how this topic applies to everyone, not just celebrities.

CR
christopher r.

Unique area that was well presented.

FW
Frank W.

Excellent

LM
leila m.

Finally, an interesting CLE that was nice to listen to!

AS
Angelica S.

Interesting topic.

SG
Sammetria G.

Great presentation!

LM
Lucinda M.

engaging topic and well presented. I enjoyed it.

LD
Lisa D.

Great use of material and case law. I wasn't expecting this material to be so engaging.

LF
Lynn F.

Thanks!

JR
Janine R.

very interesting topic!

CM
Celeste M.

I really like this presenter and her materials. She is very knowledgeable.

RG
Richard G.

A solid primer on the subject.

MV
Michael V.

interesting topic and knowledgeable presenters.

NR
Neal R.

Excellent; raised a lot of issues for further research covering a broad area. That was my interest, to know what to consider and give guidance as to where to start and what to look for. Additionally, not a lot of self-promotion as with some others that contain 5 to 10 minutes of self-promotion--who wants to pay for that?

EF
Elliot F.

Good coverage of an interesting topic without being overly technical.

MG
Mitzi G.

Very informative.

DH
Diane H.

Excellent presentation and content

SS
Stefen S.

good course.

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