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BROWN v. AMES

No. 98-20736.

201 F.3d 654 (2000)

Leonard BROWN; et al., Plaintiffs, Leonard Brown; Walter Price; Pete Mayes; James Nelson; Clarence Parker; Lee J. Frazier, also known as Skipper Lee Frazier; Joe Hughes, also known as Joe "Guitar" Hughes; Rayfield Jackson, also known as Houston Guitar Slim; Freddie Collins, also known as Big Roger Collins; Alfred R. Bettis; Falieta Green; Thomas Dardar, formerly known as Tommy Dardar, presently known as; Debra L. Nickerson; Weldon Bonner, presently known as Juke Boy Bonner; Lizette Cobb; Arnett Cobb; Kinney Abair, Plaintiffs-Appellees, v. Roy C. AMES, Etc.; et al., Defendants, Roy C. Ames, doing business as Clarity Music & Home Cooking Records, Defendant-Appellant, Collectibles Inc., doing business as Collectibles Records, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 23, 2000.

Attorney(s) appearing for the Case

David W. Showalter (argued), Bellaire, TX, for Plaintiffs-Appellees.

Gregory P. Eveline (argued), Mark J. Davis, Eveline, Davis & Phillips, New Orleans, LA, for Defendant-Appellant Roy C. Ames.

Robert P. Latham (argued), Houston, TX, for Defendant-Appellant Collectibles, Inc.

Before JONES and DENNIS, Circuit Judges, and PRADO, District Judge.

EDITH H. JONES, Circuit Judge:

Appellants Collectibles and Ames principally appeal the district court's determination that appellees' state law claims for violation of their rights of publicity are not preempted by the Copyright Act. The misappropriation consisted of appellants' unauthorized use of appellees' names and likenesses to market appellees' musical performances on CD's and audio cassettes for which appellants also lacked copyrights. Because a person's name...

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