John Goodger's first novel, THE DRUPERMAN TAPES, has been sold to St. Martins Press' Minotaur imprint. The book was submitted by Kaye & Mills on behalf of Mr. Goodger.

Renee Roland has completed production of her new feature “Ghost Rock,” starring Jeff Fahey and Gary Busey. Kaye & Mills served as production counsel for the picture.

Tom Gamble, the founder of the Origin-Napa Winery, Napa Valley, along with his business partner Bill Davies, has just released his first wine, a beautiful Sauvignon Blanc. Tom's family has been growing grapes in the Napa Valley since 1916 and Bill's family has been making wine in the Valley since 1965. Their website is www.ORIGINNAPA.com.

Blockbuster (DEJ) recently acquired domestic rights to the motion picture “Devious Beings,” produced by REDBEAR Films, Philip-John Haarsma. First Look Entertainment is bringing out the DVD/Home Video. “Devious Beings” is now available at stores near you! REDBEAR is currently developing a number of motion picture projects in addition to maintaining its usual ambitious production level of commercials and other marketing productions.

All states in the United States recognize the right of publicity as a common-law right. Many states, such as California and New York, have statutes dealing with the right of publicity. These statutes generally supplement common-law rights, providing even greater safeguards. The right of publicity protects people from the unauthorized exploitation of their name, likeness or voice. While most often thought of in connection with celebrities and other persons in the public's eye, the right of publicity extends to everyone. As such, this right can have significant impact on people involved in news, publishing, advertising, music and in making motion pictures, television programs and documentaries. It is a right that should be given careful consideration.

The right applies to any use, not just commercial uses; It applies even where the use is of the person's nickname, or a “look-alike” or a voice imitation. It can even apply where the use only triggers the idea of a person. For example, Johnny Carson won a lawsuit against a company selling “Here's Johnny” portable toilets. Some legal scholars assert that there is a potential case for liability anytime anybody uses anyone's name, likeness or voice-or imitation thereof-for any reason. In today's litigious society, it is ill advised to advance a contrary argument.

However, there are times where you can use a person's name, likeness and voice. These include situations that fall under or are defensible by the following doctrines: Free Speech under the First Amendment to the Constitution; Implied (or Express) Consent; Equitable Fair Use and Use of Public Facts. These often complex doctrines must be analyzed and applied to the specific facts of each case to determine if they act as a defense to an infringement of the right.

With the cost of litigation and the danger of being held liable for sizable damages for violation of this right, substantial harm can result from merely being named as a defendant in a right to publicity lawsuit. Due to the highly fact-based nature of these cases, rarely do they resolve by summary judgment. This is an area where it would be a good idea to consult with a lawyer early. Of course, Kaye & Mills stands ready to assist you on such issues.

The European Commission in Brussels reports that all member states have provisions recognizing directors of motion pictures as copyright holders. This could have important legal and financial ramifications, including in the distribution of the film. A carefully drafted contract can help the parties avoid future problems.

Kaye & Mills is committed to providing our clients with the highest level of legal representation. When clients have matters outside our range of expertise, we can work with other lawyers who have the special knowledge required for the job. We are pleased to add Douglas Collins to our network of referral attorneys. Doug is a graduate of the University of Texas and the University of Texas School of Law and works extensively in the areas of secured transactions and banking law. During his stellar career, he has worked at the firm of Morrison and Foerster and has worked for several banks including City National Bank.

This Newsletter is provided on the condition that it cannot be referred to or quoted in any legal proceeding; if this condition is unacceptable to you, immediately delete this email and do not keep a copy of it in any form. The reader or recipient is strongly urged to consult with a lawyer for legal advice on these matters. Any reliance on the Newsletter information by someone who has not entered into a written retainer agreement with the lawyer providing the Newsletter information is at the reader's or recipient's own risk.