Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Brown v. Ames

United States Court of Appeals for the Fifth Circuit
201 F.3d 654 (5th Cir. 2000)


Ames (defendant), doing business as Home Cooking Records, purported to license to Collectibles (defendant) master recordings of performances by Brown (plaintiff) and other song authors (plaintiffs), along with the right to use the plaintiffs’ likenesses and biographical information, to manufacture and distribute copies of the master recordings. Collectibles made and sold tapes, compact discs (CDs), and music catalogs with the authors’ names and likenesses. The plaintiffs sued Ames, Collectibles, and Collectibles’s owners, Jerry and Nina Greene (defendants) for copyright infringement and misappropriation of name or likeness under state law. Texas law makes it a tort to use a person’s name, image, or likeness without authorization to obtain some value or benefit other than the publication of news. After a jury trial, the defendants were found to have infringed some copyrights and misappropriated the names and likenesses of the plaintiffs. The defendants appealed the ruling regarding the state-law misappropriation claim, arguing that the Copyright Act preempts such laws.

Rule of Law


Holding and Reasoning (Jones, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial