2nd Circuit Rejects Claims of Publicity Rights Violations by Sirius XM

The Copyright Act preempts right of publicity claims by radio personality John Edward Melendez, also known as "Stuttering John," the Second U.S. Circuit Court of Appeals ruled Tuesday, upholding a lower court's rejection of Melendez's docket 21-1769 complaint against Sirius XM for alleged violations of his right of publicity under California common and statutory law. The court said Melendez didn't show any use of his name or likeness by the satellite operator other than via rebroadcasts of the copyrightable material from its archives of The Howard Stern Show. Deciding were Judges Raymond Lohier, Beth Robinson and Joseph Bianco, who penned the decision.