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Tuesday, October 07, 2008

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Sports Law Blog Looks At Kobe Bryant Video

Michael McCann, writing at the Sports Law Blog, took a look through a legal filter at the controversy surrounding the unauthorized Kobe Bryant video being sold on the web, in his post Legal Issues of Unauthorized Kobe Bryant Video.

Mr. McCann's post was interesting and certainly provided a coverage angle I did not find anywhere else in the media.

Some highlights:

Last week, a website named "The Official Kobe Video Website" appeared. It is offering the sale of an unflattering video of Kobe Bryant, purportedly taken in late May outside a shopping center in Newport Coast, California, in which Bryant has an impromptu conversation with a small group of fans. During his conversation, Bryant disparages his employer, as well as a number of his teammates.

...the men responsible for the video--a few guys in their early 20s who are unwilling to identify themselves--do not believe that Bryant was aware of the video being taken. Those same men contend that someone offered to buy it from them for $100,000 in order to keep it private, but they refused, and instead intend to make it available to anyone willing to spend $1.99 to watch it, provided they receive 50,000 orders

...Could Bryant successfully sue the Kobe video guys?  "Miss Gossip" over at AOL FanHouse is a student at Stanford Law School, and she addresses that issue in a post today.

...Miss Gossip is alluding to the right of publicity, which is the use of the plaintiff's name or likeness, without consent, for the defendant's commercial advantage. As Rick [Karcher] recently examined in regards to Drew Brees' efforts to avoid having his image used to promote his mom's congressional campaign, the right of publicity protects against commercial loss caused by appropriation of an individual's name or likeness for commercial exploitation.

...A key question would be whether the video is providing a newsworthy purpose (see Rick and Howard's debates on that subject) and to what extent Bryant's celebrity status diminishes his legal right to privacy.

If any of the above highlights pique your interest, visit this link, Legal Issues of Unauthorized Kobe Bryant Video, for the full post, with the above excerpts in context. 

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