Bifalgorithm post · Property · Publicity Rights
Case Facts
Case Facts (Property · 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 n…
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- Parks v. La Face Records concerned Rosa Parks’s right of publicity.
- Rosa Parks challenged the use of her name as the title of a rap song.
- The song appeared on Outkast’s album Aquemini and was written, performed, marketed, and distributed by defendants.
- The song was entitled “Rosa Parks.”
- The lyrics did not mention Parks by name and were not about her or the Civil Rights Movement.
- The chorus repeated: “Ah, ha, hush that fuss. Everybody move to the back of the bus.”
- Defendants promoted the album and song through print advertisements, a music video, and stickers on cassette and compact disc cases.
- No legal relationship existed between Parks and defendants, and defendants did not obtain her permission to use her name.
- Parks alleged that the use of her name violated her common law right of publicity.
- She sought monetary and injunctive relief.
- The court resolved the parties’ motions for summary judgment and injunctive relief.
- The court denied Parks’s motion for summary judgment and injunctive relief.
- The court granted defendants’ motion for summary judgment.
