• Federal District Court Holds That State Right of Publicity Claim is Not Barred by Communications Decency Act
  • May 13, 2008
  • Law Firm: Winston & Strawn LLP - Chicago Office
  • The U.S. District Court for the District of New Hampshire recently held that a state right of publicity claim against an Internet service provider was not barred by the Communications Decency Act ("CDA"). The CDA immunizes providers of interactive computer services "from any cause of action that would make them liable for publishing information provided by a third-party user of the service," but specifically exempts intellectual property claims from the scope of this protection. This decision is in contrast to a decision by the Ninth Circuit Court in 2007, which held that right of publicity was not an intellectual property right within the meaning of the law, and therefore the CDA does provide immunity from such claims.

    TIP: Whether the CDA provides protection from right of publicity claims to internet service providers that permit third parties to post materials has not been settled at this point.