PresLaw

The Service Mark Alternative to the Right of Publicity: Estate of Presley v. Russen

2013-11-05T09:10:00.000-08:00

Overview: This scholarly law review article discusses the Right of Publicity in light of the Estate of Elvis Presley v. Russen (1981) case.

Introduction: In recent years, the development of the doctrine of the right of publicity has gained significant attention from both courts and commentators. In essence, the doctrine protects the right of an individual, especially a public celebrity, to reap the benefits of the commercial use of his or her persona.

Citation: Patrick J. Heneghan and Herbert D. Wamsley, The Service Mark Alternative to the Right of Publicity: Estate of Presley v. Russen, 2 Loy. L.A. Ent. L. Rev. 113 (1982)

Elvis Case Sets Stage For First Amendment & Copyright Issues

2013-10-29T09:00:00.001-07:00

By David Troedson
Source: Reuters/Billboard
December 19, 2003

The U.S. District Court of Appeals for the Ninth Circuit held Nov. 6 that unauthorized use of extensive video footage of Elvis Presley for a "rockumentary" was not a fair use.

The case, Elvis Presley Enterprises v. Passport Videos, affects everyone who makes and watches video biographies, such as VH1's "Behind the Music," "E! True Hollywood Story" and A&E's "Biography."

The decision sets the stage for a potential collision of First Amendment and copyright issues, according to intellectual-property lawyers.

The ruling also suggests that makers of video biographies may have a harder time establishing a fair-use defense than print biographers.
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Elvis Presley Enterprises, Leiber & Stoller and Sofa Entertainment Win Injunction in Federal Court

2013-10-28T09:31:00.000-07:00

This article, originally published by Business Wire, gives a great overview of the Elvis Presley Enterprises v. Passport Video case and includes comments from Leiber and Stoller.
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Cocaine-Cola, the Velvet Elvis, and Anti-Barbie: Defending the Trademark and Publicity Rights to Cultural Icons

2013-10-24T10:57:00.000-07:00

This lengthy article includes a section on Elvis and discusses the Russen and Capece cases.

Cocaine-Cola, the Velvet Elvis, and Anti-Barbie: Defending the Trademark and Publicity Rights to Cultural Icons, Fordham Intellectual Property, Media & Entertainment Law Journal Winter, 1998 (Harvard.edu)
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Policing Elvis: Legal Action and the Shaping of Post-Mortem Celebrity Culture as Contested Space

2013-10-23T10:06:00.000-07:00

This is a fairly detailed and scholary article outlining many of the post-mortem Elvis-related legal cases and how they have "shaped celebrity culture as contested space."

Download: Policing Elvis: Legal Action and the Shaping of Post-Mortem Celebrity Culture as Contested Space (PDF) David S. Wall, Entertainment Law, Vol.2, No.3, Autumn 2003, pp.35 – 69.
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