The estate of civil rights era icon Rosa Parks was recently defeated in court when the 11th Circuit Court of Appeals ruled against it on a publicity rights suit. The court rejected the argument that the retailer Target violated Park’s name and likeness by selling copies of of books and a TV miniseries about Parks that were never authorized by the estate. The court stated that her status as a historical icon gave greater leeway for other to use her publicity rights since discussing her role in the civil rights movement is of public concern and thus protected under Michigan’s qualified privilege statute. This is not the first defeat in court for the estate, in 2006 a case against the music group Outkast was thrown out following a suit over a lyric that referenced Park’s refusal to move to the back of the bus. No word yet if any appeal is planned.
See Eriq Gardner, Rosa Parks Heirs Lose Legal Battle Over Movie, Books Sold at Target, The Hollywood Reporter, January 4, 2016.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
