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Copyright Preemption
The U.S. District Court for the Western District of Tennessee, Western Division, decided that right of publicity and misappropriation claims by an individual hired to be a fictional character were preempted by federal copyright law. Stanford v. Caesars Entertainment Inc., 05-2298 Ml/V.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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