The Ninth Circuit struck a blow to celebrities seeking to expand the protections provided under the right of publicity by holding that, under California law, consent to advertise a celebrity’s photo may be implied in certain contexts when the celebrity has consented to being photographed. In Jones v. Corbis, Shirley Jones, a former Partridge Family star, sued an online provider of photo image licensing for displaying her image to potential licensees without her consent.
The online provider, Corbis, posted ten pictures of Jones walking the red carpet at entertainment events. Jones did not dispute that it was customary in the entertainment industry for celebrities to walk down a red carpet, surrounded by professional photographers and video crews, before entering an event. Jones also admitted that she consented to her photo being taken during various events. In fact, like other celebrities,
Jones would pose and smile on the red carpet while her picture was being taken. But Jones objected to Corbis posting these images on its website to advertise them to potential licensees. Corbis entered into agreements with photographers who owned the photos to share the licensing fees. More…