Chapman Law Review 2008 Symposium
Publicity Rights in Bytes:
Contemporary Issues in Entertainment & Sports Law
MCLE Credit Available (4.5 hours)
Chapman University School of Law
February 8, 2008
This year's symposium will feature keynote speaker Mr. Micheal Flaherty, Co-Founder & President of Walden Media. The exceptional academics and knowledgeable practitioners scheduled to participate in this event guarantees that it will be both informative and provocative.
Panel Descriptions:
Publicity Rights and the Constitution: Privacy, Publicity, and the YouTube Phenomenon
In the new age of digital technology, file sharing, and YouTube, what role will state law play in regulating and prohibiting the edges and contours of publicity law? Will the state's role be preempted by federal law? Should the federal government allow more state regulation? What are the implications in this new world of media and technology? Panelists will discuss such issues and more.
Publicity Rights in Entertainment: From Second-Life to the Afterlife
Can individuals protect their publicity rights in the virtual world of video games? What about in the after-life? The panelists will discuss Kirby v. Sega of America, Inc. where the Second Circuit Court of Appeals held that a real-world celebrity did not have a claim under the right of publicity against a company's creation of a game in which a character shares traits with the celebrity. In addition, the panelists will discuss cases such as Shaw Family Archives v. CMG Worldwide where the court held that there were no post-mortem publicity rights upon the death of Marilyn Monroe, and therefore, she could not have transferred those rights after death, as well as X-17 vs. Lavandeira in which internet blogger "Perez Hilton" is being sued by X-17 photography agency over his unauthorized use of celebrity photographs. Will his use be deemed copyright infringement? News? A satirical act of self-expression? Stay tuned!
Publicity Rights in Sports: The Fantasy of Player Statistics Ownership
Can a sports star really own the commercial rights to their statistics? Where will it end? Where will it begin? Panelists will discuss the U.S. Court of Appeals for the 8th Circuit's recent affirmation of CBC Distribution & Marketing, Inc. v. Major League Baseball Advance Media, which held that a fantasy baseball website's use of the names and statistics of players was permissible without the authorization of Major League Baseball. How far will the courts go in defining the boundaries of the First Amendment freedom of speech and the right of publicity in sports?
Keynote Speaker:
Micheal Flaherty
President of Walden Media, a company he co-founded with his former college roommate, Cary Granat, to produce films, books and interactive programs that tie directly into school curricula. Acclaimed for such films as The Chronicles of Narnia: The Lion, The Witch and The Wardrobe, Charlotte's Web and Bridge to Terabithia, Walden Media aims to recapture imagination, rekindle curiosity and demonstrate the rewards of learning. Producing both original works and adaptations of acclaimed children's literature, Walden Media projects are enhanced by comprehensive outreach and supplemental programs for teachers, librarians and parents. Recent releases include Mr. Magorium's Wonder Emporium (2007), and The Water Horse (2007). The Chronicles of Narnia: Prince Caspian is slated for release in May 2008.
Panelist Bios
Click here to view full bios of the Symposium panelists.
Tentative Schedule of Events:
FRIDAY, February 8, 2008
8:30 am - 9:30 am: Registration and Breakfast
9:30 am - 11:00 am: Constitutional Law Panel
11:30 am - 1:00 pm: Lunch w/ Keynote Speaker Mr. Micheal Flaherty, Co-Founder & President of Walden Media
1:30 pm - 3:00 pm: Entertainment Law Panel
3:15 pm - 4:45 pm: Sports Law Panel
5:00 pm - 6:30 pm: Reception
7:00 pm - 9:30 pm: Film screening of a Major Motion Picture at Folino Theatre in the brand new Marion Knott Studios. Cocktails served shortly before screening around 6 p.m.
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For more information or to register, please contact Michael Rossiter at
Rossi104@chapman.edu or call Chris Lewis at (714) 628-2605.
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