Cusano v. Klein, 473 Fed.Appx. 803 (9th
Circuit May 8, 2012)(unpublished).
Member of rock band KISS sued rock band for disseminating still and
video footage of his performances as a band member in violation of his right of
publicity. District court denied KISS’s
motion to dismiss pursuant to California’s
anti-SLAPP statute. On appeal, 9th
Circuit reversed. KISS’s performances
are free speech and a matter of public interest. Cusano’s right of publicity claims are
preempted by the Copyright Act under Section 301 because he seeks to control
the reproduction and dissemination of copyrightable work. This case makes no sense to me since rights
of publicity are not equivalent to copyrights, but the opinion is very brief
and unhelpful.
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