“As exhilarating as social networking tools like Twitter can be, they also raise a variety of legal issues concerning the right of publicity,” says IP attorney Jonathan Faber. An Indiana University School of Law-Indianapolis professor, Faber is also founder and CEO of Luminary Group, a licensing and IP management company that represents the IP estates of late celebrities such as Buddy Holly and Joe DiMaggio, and rock stars, race car drivers, music publishers, and others.

Faber cites two recent events to prove his point. This week the Indianapolis Colts issued a statement on www.Colts.com that a Twitter user posing as Peyton Manning was not the ‘real’ Peyton. Similarly, St. Louis Cardinals Manager Tony La Russa filed a lawsuit against Twitter for unauthorized and offensive content that was posted in his name. La Russa’s suit was filed in San Francisco in May. It claims that an unauthorized tweeter used his name to make light of drunken driving and two Cardinals pitchers who died, which damaged La Russa’s reputation and caused emotional distress. The suit also claims that someone created a false account in La Russa’s name and posted “tweets” that appear to have come from La Russa.

“In addition to other potential legal issues like fraud and defamation, such activity also could drive attention and traffic to the fake site, creating various possible benefits to the impostor,” Faber say. “Historically, user-driven websites have enjoyed a certain safe-harbor when users post content that violates some law. But it is conceivable that certain sites are so susceptible to abuse that those safe-harbors might be reduced, and an affirmative duty to regulate content and prevent infringements would apply.” Faber teaches what is said to be the nation’s first law school course dedicated entirely to the right of publicity. He is also creator of the right of publicity Internet resource, www.RightOfPublicity.com.

Go to: Claims Journal

Posted June 16th, 2009 under Intellectual Property Marketing

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