Concept
Case Facts
Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Publicity Rights
"Parks v. La Face Records, 76 F. Supp. 2d 775 (E.D. Mich. 1999), involved Rosa Parks’s challenge to the use of her name as the title of a rap song written, performed, marketed, and distributed by defendants. Outkast’s album Aquemini included a song entitled “Rosa Parks.” Plaintiff was not mentioned by name in the lyrics, and the song was not about her or the Civil Rights Movement, although its chorus repeated the words “Ah, ha, hush that fuss. Everybody move to the back of the bus.” Defendants promoted the album and song through customary music-business advertising, including print advertisements, a music video, and stickers on cassette and compact disc cases. No legal relationship existed between plaintiff and defendants, and defendants did not obtain plaintiff’s permission to use her name. Plaintiff sought monetary and injunctive relief, alleging that the use of her name violated her common law right of publicity. The court denied plaintiff’s motion for summary judgment and injunctive relief and granted defendants’ motion for summary judgment."
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