week 9
- Marilyn Monroe's publicity rights of her image are no longer owned by CMG Worldwide, Mark A Roesler and Marilyn Monroe LLC. After two years of litigation CMG and MMLLC lost both right of publicity cases in California and New York. They lost to photographers Milton H. Greene Archives, Tom Kelley Studios and the Shaw Family Archives. They claimed that Anna Strasberg hel the right of publicity to Marilyn Monroe because these rights were supposedly passed down by her husband Lee Strasberg, Marilynn's acting coach. Mark Bellinghaus, a Marilyn Monroe expert, detected a fraudulent exhibition that was backed by Roesler and Strasberg.
This article refers to our class because it discusses publicity rights. The rights of publicity as discussed in class are the rights of every human being to control the commercial use of their identity.
- The Department of Education leaders suggested a new rule that would clarify when and how school officials can share student information. This would give school more flexibility in deciding if a situation is a health or safety emergency. This comes from a privacy-law confusion that came about from the shooting on the Virginia Tech campus. There was confusion and differing interpretations of privacy laws shared by educators and law enforcement officials. In order to alleviate that confusion they proposed and update to the Family Educational Rights and Privacy Act of 1974. This would also give the schools more flexibility and guidance in determining what is considered an emergency situation. Under the current FERPA laws schools have to get written consent before giving up a student's information.
This article makes references to the topic we have been discussing in class - privacy laws. This new proposal seems like a good idea, but I can see where it has the potential to cause some lawsuits. Students might not want their information disclosed even in an emergency situation. This goes with our class discussions because we have read various cases that deal with privacy laws and have read about this act specifically.
- An investigator was unable to collect information needed to carry out an investigation of the hepatitis C outbreak in Las Vegas. Investigator Douglas cooper is frustrated because laws prevent Las Vegas police from sharing much of their information with him and his staff hindering his investigation. The Board of Licensure and Certification also denied him with information identifying patients because of state privacy laws. Tony Clark will ask the Legislature to change the laws to guarantee board investigators to have access to the information they need. Also Jean Stoess is working on redesigning the board's website to add information that is useful to the public. Donald Baepler didn't really want to placing malpractice lawsuits back on the website.
This article relates to what our class has been discussing. We have been talking about various rights to publicity laws and privacy laws. This article deals with privacy laws and how difficult it has been for investigators to conduct their research because of the privacy laws. In class we have been discussing that privacy in America is quickly fading and at the moment where we have the most privacy is in our health care, which also faces the fate of probably fading.