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White V Samsung Electronics — Study Notes

White v. Samsung Electronics America, Inc., 971 F.2d 1395 (9th Cir. 1992)

Study notes for White V Samsung Electronics: professor notes, cold call prep, exam angles, and memory aids.

The right of publicity protects individuals from unauthorized commercial exploitation of their likenesses.
Professor Notes

In White v. Samsung Electronics, the central issue revolves around the right of publicity and the extent to which individuals can control the commercial use of their likeness. The Ninth Circuit held that Samsung's advertisement, which used a figure resembling Vanna White, infringed her right of publicity even though it did not explicitly use her name or likeness. The case underscores the importance of protecting one's identity in commercial contexts and sets a precedent for how likeness can be implicated even in indirect representations. Professors might emphasize how this case limits a company's ability to exploit celebrity figures through suggestive advertising without explicit consent.

Cold Call Prep
  1. 1What was the main legal issue in White v. Samsung Electronics?
  2. 2How did the court define the right of publicity in this case?
  3. 3Discuss the implications of the court's ruling for advertising practices.
  4. 4What arguments did Samsung make in defense of their advertisement?
  5. 5Can this case be applied to non-celebrities, and if so, how?
  6. 6How does this case compare to other right of publicity cases?
  7. 7What are the potential consequences for companies that misrepresent individuals in advertising?
Mnemonic Device

WASS - White Against Samsung's Story

Distinguish From
CaseDistinction
Campbell v. Acuff-Rose Music, Inc.Campbell deals with fair use in a parody context, while White centers on unauthorized commercial use of likeness.
Rogers v. GrimaldiRogers addresses expressive works and artistic relevance, whereas White focuses directly on commercial exploitation of persona.
ETW Corp. v. Jireh Publishing, Inc.ETW concerned a visual art piece and its artistic expression, while White focused on the commercial advertisement.
Policy Arguments

For the Rule

Protecting the right of publicity encourages respect for personal identity and ensures individuals can control how their likeness is used commercially.

Against the Rule

Too broad a protection could stifle creative expressions and inhibit freedom of speech in advertising and artistic works.

Class Discussion Points
  • Explore the balance between individual rights and business interests in advertising.
  • Discuss the role of celebrity status in relation to the right of publicity.
  • Consider how this case may influence future advertising strategies in celebrity endorsements.
  • Evaluate how cultural norms around personal identity impact legal protections.
  • Analyze the use of parody and satire in relation to the right of publicity.
Exam Angle

This case may appear on exams in the context of discussions around the right of publicity and the use of likeness in advertising. Students should be prepared to analyze the implications of the court's ruling and its relevance to both celebrity and non-celebrity figures.

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