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

(557 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

Amy Goldsmith

Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. Amy B. Goldsmith, a Partner at Tarter Krinsky & Drogin LLP, provides practical legal advice and connections to grow clients’ businesses with an emphasis on intellectual property.  She will advise you whether your trademark is available in the US 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. If a dispute is on the horizon, she will be by your side until a fair resolution is reached.

Ms. Goldsmith protects the global interests of national and international clients in a variety of industries, including pet products, fashion, financial services, marketing automation, publishing, medical devices, and consumer and designer goods.

She is a director of the New York Women's Bar Association. She is also a member of the New York City and American Bar associations, a Superlawyer and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy.

She is a frequent lecturer on intellectual property topics for Lawline, and she is the author of several articles pertaining to intellectual property for Tableware Today magazine.

Ms. Goldsmith received her B.S. from Cornell University in 1982 and her J.D. from Benjamin N. Cardozo School of Law in 1985.

Before joining Tarter Krinsky & Drogin, Ms. Goldsmith was a Partner at Gottlieb, Rackman & Reisman, P.C.

Reviews

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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