In what circumstances will a court find that a state law right of publicity claim against a copyright holder be preempted?

MultiRegion, United States of America

The following excerpt is from Jackson v. Roberts (In re Jackson), 972 F.3d 25 (2nd Cir. 2020):

In contrast, the less substantial the state law rights invoked, or the more the invocation of the state right amounts to little more than camouflage for an attempt to exercise control over the exploitation of a copyright, the more likely that courts will find the state law claim to be preempted. Cf. Dryer v. Nat'l Football League, 814 F.3d 938, 943 (8th Cir. 2016) (noting that, where a right of publicity claim does not further the "state's interest in protecting consumers," "that suit seeks to subordinate the copyright holder's right to exploit the value of [the] work to the plaintiff's interest in controlling the work's dissemination" under state law, and is therefore preempted).

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