Appellate Court of Illinois

In a suit seeking damages and other relief in connection with defendant's display of photographic images of recording artist James Brown on defendant's website, denial of defendant's motion to dismiss counts III and VI of plaintiff's amended complaint is affirmed and remanded where: 1) the circuit court did not err in denying defendant's motion to dismiss counts III and VI under 735 ILCS 5/2-619 and in rejecting defendant's argument that defendant did not use photographs for an improper commercial purpose under either the Illinois common law or the Illinois Right of Publicity Act; and 2) the circuit court did not err by holding that the U.S. Copyright Act does not preempt the claims asserted by plaintiffs in counts III and VI of the amended complaint.

Appellate Information

• Decided 08/02/2007
• Published 08/02/2007

Judges

Court

• Appellate Court of Illinois

Counsel