Publicity Rights, Linkedin and Facebook

Publicity Rights and Linkedin

Publicity rights and-linkedin-the-case-of-eagle-v-morgan

Publicity Rights and Facebook  http://www.techdirt.com/articles/20111219/15243117134/court-indicates-facebook-may-be-violating-your-publicity-rights-with-sponsored-stories.shtml

Plaintiffs allege not only that Facebook rearranged text and images provided by members, but moreover that by grouping such content in a particular way with third-party logos, Facebook transformed the character of Plaintiffs’ words, photographs, and actions into a commercial endorsement to which they did not consent.

Publicity Rights and Fraley case http://www.businesslawnews.com/facebook-sponsored-stories-lawsuit-highlights-evolving-right-of-publicity/

The lawsuit, Fraley v. Facebook, Inc., involves Facebook’s “Sponsored Stories” advertising program. The service utilizes users' pictures to endorse products they "like" without providing notification or obtaining their permission. Facebook users aggrieved by the unauthorized use of their likeness filed a class-action lawsuit in California alleging violations of the state’s right of publicity law. Under California’s right of publicity law, “[a]ny person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.”

The plaintiffs alleged that they were unaware at the time they clicked those "like" buttons that their actions would be interpreted and publicized by Facebook as an endorsement of those advertisers, products, services, or brands. They further claimed that they were local "celebrities" within their own Facebook social networks.