Franklin v. Nat'l Film Preserve, No. 15-cv-1921 (D. Colo. filed 9/4/2015) [Doc. 14].
The Court issued a temporary restraining order enjoining the Telluride Film Festival from screening a documentary film about Aretha Franklin, which consisted primarily of previously unreleased footage from a 1972 concert. The deed granting the film producer rights in the footage required Ms. Franklin's consent to use the footage, which defendant did not obtain.
The Court found that Ms. Franklin has a strong interest in her rights of publicity, and to the use of her name/likeness. She also had a federal statutory right to prevent bootlegging. 17 USC 1101(1). The Court found that the film, which essentially recreated the entire concert experience, was not a fair use, and that a TRO would preserve the status quo.
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