Presenter(s)

Jacqueline M Berardi, Caroline E Mccormack, Annette M Taylor

Comments

This poster reflects research conducted as part of a course project designed to give students experience in the research process.

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Description

Jacki Berardi looks at one of the most important cases involving the right of publicity, Zacchini v. Scripps-Howard Broadcasting Co., in which a newscast showed the entire act of a man shot from a cannon without the performer’s consent. The U.S. Supreme Court held that while the First Amendment protects newsworthy coverage, it does not protect the press when it drastically undermines a person’s ability to make a living, as happened in that case. This research paper examines 6th U.S. Circuit Court of Appeals cases dealing with the question of how much journalists can report and record before they encroach on the commercial aspect of a person’s performance or name. This research points allows us to better understand the balance between what is newsworthy and what is a violation of the right of publicity. Caroline McCormack looks at states’ efforts to make it easier for their allegedly defamed state residents to get their cases heard at home. In the days before online publishing, defamation plaintiffs and defendants tended to live in the same state. Now they are often in different states. To deal with the problem, many states have passed “long-arm” statutes to better reach out-of-state defendants. This research explores statutes of Ohio and Virginia and compare how state courts have handled jurisdictional challenges in libel cases.

Publication Date

4-9-2016

Project Designation

Course Project

Primary Advisor

Annette M. Taylor

Primary Advisor's Department

Communication

Keywords

Stander Symposium project

Media Issues: Newsworthy Exception to Right of Publicity, and Libel Tourism in New Media Age

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