4/12/2011

Recent decisions: right of publicity; copyright fees

Loeb & Loeb's IP/Entertainment Law Weekly reports on (and links to):

No Doubt v. Activision Publishing, in which a California Court of Appeal held that Activision's use of the likenesses of the members of the band "No Doubt" was not transformative, and thus upheld a lower court order that denied Activision's motion to dismiss the band's right of publicity lawsuit.

Zamoyski v. Fifty-Six Hope Road Music, in which a federal District Court ruled that Bob Marley's heirs were entitled to attorneys' fees as the successful party in a copyright case, even though their claim was for declaratory relief concerning copyright ownership and breach of contract (rather than infringement); but the court awarded Marley's heirs only 55% of the amount they had requested because the opposing party's claim was not frivolous.