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Right of publicity taken down a notch
Posted by Ernest Miller on Tuesday, July 10 @ 00:14:13 EDT Free Expression
Tech Law Journal points out the Ninth Circuit appellate decision (PDF) holding that a faked photograph of actor Dustin Hoffman in drag - a reference to his cross dressing role in the 1982 movie Tootsie - was protected expression under the landmark First Amendment case, New York Times v. Sullivan. Hoffman has sued under right of publicity and trademark claims. The Ninth Circuit decision reverses Hoffman's victory in the district court.
 
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