Well, on further reflection, the CBS lawyer is also saying that the use of
Rather's voice on "Rocked by Rape" is harmful to Rather's future ability
to exercise his "right of publicity" because of the harm it causes to
Rather's public reputation (i.e. people will think that he endorses ECC's
"statement" which, by extension, will [further] harm his credibility, a
credibility already damaged by such incidents as "what's the frequency
kenneth" and "courage")
One might try to dispense with this argument by appealing to parody
caselaw and also by mentioning the size of the audience likely to be
exposed to the Rocked by Rape single.
> By the way, "right of publicity" is based on the theory that Dan Rather
> has a financial investment in his celebrity and, thus, has the exclusive
> right to profit from his celebrity. To extrapolate, the CBS lawyer is
> essentially saying that ECC's use of Dan Rather's voice is enhancing the
> market value of the "Rocked by Rape" single without Rather receiving the
> value from it that he deserves. This is, in legal terms, a separate
> argument from the copyright issue.
>
> The good news is this: "publicity" rights end where First Amendment rights
> begin. Furthermore, as hardly needs to be pointed out, ECC did not use
> Dan Rather's voice (and the CBS theme music) for the purpose of enhancing
> the market value of the single but for more lofty (First
> Amendment-protected) reasons.
>
>
> > >---------- Forwarded message ----------
> > >Date: Wed, 19 Jan 2000 11:17:42 -0500
> > >From: Kryle, Sanford I <sikryleATCBS.com>
> > >To: "'eerieATcrl.com'" <eerieATcrl.com>
> > >Subject: ROCKED BY RAPE
> > >
> > >Re: ROCKED BY RAPE
> > >
> > >Ladies/Gentlemen: January 19, 2000
> > >
> > >A matter of serious concern has come to our attention. We have learned that
> > >you are offering for sale a sound recording containing the CBS EVENING NEWS
> > >opening theme and Dan Rather's voice (the "Materials").
> > >
> > >Your use of the Materials significantly infringes upon the copyrights owned
> > >by CBS. We hereby advise you that to copy, record, perform, exhibit,
> > >exploit, or otherwise use, CBS-owned, copyrighted material in whole or in
> > >part without its express written permission constitutes a serious
> > >infringement of CBS's exclusive rights in such material. Furthermore, your
> > >use of Mr. Rather's voice is interfering with his right of publicity and has
> > >created a false impression that Mr. Rather and CBS have endorsed or are
> > >connected with the sound recording which is misleading and deceptive to the
> > >public.
> > >
> > >Unless you immediately remove the Materials and any related material from
> > >distribution and display, and provide us with written assurances that all
> > >such use has stopped, and will not resume in the future, we will have no
> > >alternative but to take appropriate action to protect CBS's rights. We
> > >require receipt of such written assurance from you by no later than January
> > >21, 2000.
> > >
> > >CBS specifically reserves any and all rights and remedies with respect to
> > >your unauthorized use of the Material.
> > >
> > >Very truly yours,
> > >
> > >Sanford I. Kryle
> > >Associate General Counsel
> >
> >
> > --
> > eccATpobox.com The Evolution Control
> > Committee
> > >>> WWWeb: http://evolution-control.com <<<
> > _____________________________________________________________________
> > | |
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