The California Supreme Court on Thursday sided with consumers in a case alleging false advertising of a posthumous Michael Jackson album.
on his 2010 album “Michael,” which was released the year after his death. On Thursday, the California Supreme Court weighed in with a ruling that set new legal precedent around entertainment advertising.
The ruling, which reverses a lower appellate court decision, was cheered by consumer protection advocates as an important check on advertisers of music and other art, and as a commonsense win for everyday consumers who don’t deserve to be duped by purveyors of artistic products — even if those products have broad speech protections.
“Perhaps in another context the First Amendment would limit the reach of our consumer protection laws, but Sony’s album-back promise and video are commercial advertising making claims about a product, and we will not place them beyond the reach of state regulation,” Jenkins wrote. Last week, Sony and the estate issued a joint statement announcing the settlement with Serova, saying the parties had “mutually decided to end the litigation, which would have potentially included additional appeals and a lengthy trial court process.”“Monster” and “Keep Your Head Up” — from music platforms, which it said was “the simplest and best way to move beyond the conversation associated with these tracks once and for all.
The lower appellate court had ruled that Sony’s advertising of the album “did not simply promote sale of the album, but also stated a position on a disputed issue of public interest” — whether Jackson had sung the songs — and therefore was protected speech. Jenkins affirmed that standard in the high court’s opinion, noting that, if ignorance around a product’s authenticity were a legitimate defense against false advertising claims, sellers would be incentivized to know as little as possible about their own products.
France Dernières Nouvelles, France Actualités
Similar News:Vous pouvez également lire des articles d'actualité similaires à celui-ci que nous avons collectés auprès d'autres sources d'information.
Transgender people protected from discrimination under ADA, appeals court rulesA federal appeals court ruled Tuesday that transgender people who experience gender dysphoria are protected from discrimination under the Americans with Disabilities Act, a ruling with major implications for single-sex restrooms, sports and prisons.
Lire la suite »
Ohio Supreme Court rules state’s law limiting how long parked trains can block crossings is unenforceableThe Ohio Supreme Court ruled Wednesday that the state’s law that forbids trains blocking railroad crossings for more than five minutes is unenforceable.
Lire la suite »
Sidewalk canopy to be built around high-rise state courthouse after 'spontaneous glass breakage'Three glass panels at the downtown Superior Court have shattered since May, forcing court officials to construct a protective canopy around all four sides of the 22-story building to protect pedestrians.
Lire la suite »
Read Liz Cheney's concession speech as congresswoman ousted in Wyoming'No House seat, no office in this land is more important than the principles that we are all sworn to protect,' Cheney said in a powerful speech on Tuesday.
Lire la suite »
Appeals court revives Biden pause on federal oil, gas leasesThe Fifth Circuit Court of Appeals ruled Wednesday that President Biden's pause on federal oil and gas leases can go back into effect, lifting a lower court injunction.
Lire la suite »
Judge sides with Enbridge in Michigan's latest bid to halt Line 5 pipelineA Michigan judge has ruled in favour of Enbridge Inc. in its long\u002Dstanding dispute with the state. Find out more.
Lire la suite »