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10 UCLA Ent. L. Rev. [i] (2002-2003)

handle is hein.journals/uclaetrlr10 and id is 1 raw text is: UCLA ENTERTAINMENT LAW REVIEW Volume 10 Issue 1 Fall 2002 ARTICLES The Right of Publicity in Digitally Produced Images: How the First Amendment is Being Used to Pick Celebrities' Pockets Carissa Byrne H essick ....................................... 1 In Hoffman v. Capital Cities/ABC, Inc, the Ninth Circuit restricted a celebrity's right to recover in a publicity suit for the unauthorized publication of a celebrity's image that has been digitally altered. Applying traditional First Amendment doctrine, the Hoffman Court, held that a celebrity cannot recover unless the image was published with the intent to create a false impression in the mind of the reader that the image had not been altered. This article discusses the new privacy and property interests implicated by digitally altered images, including the possible effect on a celebrity's ability to obtain compensation for posed photography sessions. The article ultimately concludes that property-based arguments may prove successful against a publication's First Amendment defense, thus protecting a celebrity's right to control the publication of her digitally altered image. Revised UCC Article 9 and the Negative Pick-up Deal D avid L. W ardle ............................................. 19 The new Article 9 to the Uniform Commercial Code clarifies that recordation in the U.S. Copyright Office is an alternative, and not a preemptive, method of perfecting a security interest in copyrighted material. This clarification, in conjunction with recent court cases, dramatically changes the way in which security interests in motion pictures are perfected, particularly with respect to negative pick-up and pre-sale deals. This article examines these transactions, identifying the parties involved, their respective security interests, and then explores the implications for such transactions in light of the new law.

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