Alberghetti

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [73]

I. INTRODUCTION

Plaintiffs allege that Defendant violated their common law and statutory rights of publicity by using Plaintiffs’ images, names, and likenesses without Plaintiffs’ permission. Plaintiffs also allege an unjust enrichment cause of action premised on the same underlying facts as the publicity rights claims.

Defendant moves for summary judgment on the ground that Plaintiffs’ claims are time-barred by California’s two-year statute of limitations governing publicity rights actions. As described below, Defendant is entitled to summary judgment on all of Plaintiffs’ claims.

II. BACKGROUND AND PROCEDURAL HISTORY

A. PLAINTIFFS’ ALLEGATIONS

Plaintiffs, Anna Maria Alberghetti and Bonnie Pointer, are artists/entertainers who have worked in a variety of mediums. Plaintiffs are both California residents. (Compl. ¶¶ 7-8.) Defendant Corbis Corporation is a photo-licensing company incorporated in Nevada and headquartered in Washington state.

On its website, Defendant provides a catalog of roughly five million photographs available to its users. The website’s users can purchase a license to use copyrights for those…