Showing James Brown’s Image on Website May Violate Publicity Law

The estate of the late singer-songwriter James Brown may be feeling so good right now.

An Illinois appellate court agreed that a website that displays pictures of the singer for licensing may violate Brown’s right of publicity because the stock images can be purchased by private and commercial users, not only the media. In addition, the court found the publicity claim was not preempted by the Copyright Act.

Corbis Corporation licenses stock photographs and images, which are displayed on the company’s website. Brown alleged that the offering of the images for sale was a “use” under the Illinois Right of Privacy Act.

Corbis argued that it was only offering the images for license subject to the party obtaining all necessary releases. If the images are used improperly, Corbis argued, the proper party to sue is the user, not Corbis. In addition, Corbis argues that since it sold some of the stock photographs to the media, the sales were exempted from the Right of Privacy Act.

The trial court initially agreed with Corbis and dismissed the case. However, the trial court reconsidered its decision. On rehearing, the trial court found Corbis’s action was outside any exception under the privacy act. The court also found that an action for right of privacy was not barred by the U.S. Copyright Act.

James Brown et al v. ACMI Pop Division et al., Illinois Fourth Division No. 1-06-0870, issued August 2, 2007.