Abstract
The Second Circuit recently decided the case of In Re Jackson, where famous rapper Curtis Jackson ("50 Cent") brought suit against William Roberts ("Rick Ross") asserting a state law right of publicity claim, involving Jackson's song "In Da Club." Currently, many circuits are divided as to whether the federal Copyright Act preempts such a claim. This note discusses the history of both the federal Copyright Act and the right of publicity, and explores past circuit court decisions regarding both laws, noting an exception many circuits chose to adopt: the commercial use exception. This note analyzes the commercial use exception and the confusion it creates among the circuits, focusing on whether this exception creates a quasi-remedy to the Copyright Act to evade preemption. This note concludes by suggesting the commercial use exception be adopted by all circuits.
Recommended Citation
Reyna Herrera,
A Second Bite at the Apple: An Analysis of In Re Jackson and Attempting to Use the Right of Publicity as a Quasi Remedy to Copyright Preemption,
47
S. Ill. U. L.J.
541
(2023).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol47/iss3/17