Re: Tiger Woods Suit

From: Mark Lemley <MLEMLEY[_at_]mail.law.utexas.edu>
Date: Mon, 22 Feb 1999 16:04:26 -0600

On Sat, 20 Feb 1999, Lee Tien <tien[_at_]well.com> wrote:
>
> There was a case involving Joe Montana and the San Jose Merc a few
> years ago. As I recall, the Merc reused sports-news photos of Montana
> for a special supplement commemorating the 49ers, or something along
> those lines. I think it was also right of publicity, but the Merc
> won. How different is that from Woods' case?
>


The court expressly based its decision on the fact that this was a press outlet engaged in news reporting and incidental activities. I'm not sure the same result would obtain outside that context.

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Mon Feb 22 1999 - 22:02:34 GMT

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