Friday, March 11, 2005

I Recommend Volokh to You Once Again

The facts are too detailed for a synopsis here. But on the linked post, Volokh does a good job tacking a right of publicity/copyright/IIED claim of a gay couple, whose photo is being used in an ad campaign by a conservative group. Students of IP, take note. The couple is suing for their likeness being misappropriated and smeared and so forth.

Volokh is the man when it comes to the interplay of the First Amendment and intellectual property rights. He even breaks down Oregon right of publicity law, which seems rather narrow (the picture was taken in Oregon by an Oregonian photographer). He concludes in general that this is constitutionally-protected speech.