MARCH/APRIL 2008 VOL. 80 | NO. 3 JournalNEW YORK STATE BAR ASSOCIATION PPersonalersonal IImagesmages Unauthorized Publicity vs. Public Interest Also in this Issue Common-Law Dissolution by James A. Johnson in New York Outsourcing and Intellectual Property Rights Crime Victims Compensation BESTSELLERS FROM THE NYSBA BOOKSTORE March/April 2008 Attorney Escrow Accounts, Legal Manual for New York Physicians, Second Edition (2006) Second Edition (2006) NEW! The Second Edition offers comprehensive coverage Co-published by NYSBA and the Medical Society of the Entertainment Litigation (2007) of the most common situations involving client funds State of New York, this comprehensive text is a must- This new reference covers the fundamental issues and clearly discusses the legal and ethical issues have for physicians, attorneys representing physicians that are central to a creative artist’s career. 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Expand your professional knowledge NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB0227 JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Mary Grace Conneely Monticello Willard H. DaSilva Garden City Philip H. Dixon Albany Lesley Friedman Rosenthal New York City Judith S. Kaye New York City Eileen D. Millett New York City Thomas E. Myers Syracuse John B. Nesbitt Lyons Eugene E. Peckham Binghamton Gary D. Spivey Albany MANAGING EDITOR Daniel J. McMahon Albany e-mail: [email protected] ASSOCIATE EDITOR Philip C. Weis Oceanside PUBLISHER Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF ASSISTANT EDITOR Joan Fucillo DESIGN Lori Herzing Erin Corcoran EDITORIAL OFFICES One Elk Street Albany, NY 12207 (518) 463-3200 FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Network Publications Chris Martin Executive Plaza 1, Suite 900 11350 McCormick Road Hunt Valley, MD 21031 (410) 584-1960 e-mail: [email protected] EUGENE C. GERHART (1912 – 2007) Editor-in-Chief, 1961–1998 CONTENTS MARCH/APRIL 2008 PERSONAL IMAGES: THE PROFESSIONAL ATHLETE’S RIGHT OF PUBLICITY BY JAMES A. JOHNSON 10 DEPARTMENTS The Contours of Common-Law 5 President’s Message 23 Dissolution in New York 8 CLE Seminar Schedule BY PHILIP M. HALPERN 20 Burden of Proof BY DAVID PAUL HOROWITZ 30 Intellectual Property Considerations in 44 Planning Ahead the Outsourcing Industry BY ILENE S. COOPER AND JOSEPH T. LA FERLITA 48 Book Review BY POORVI CHOTHANI BY WILLIAM MICHAEL TREANOR AND MARK A. KEURIAN 36 Enhancing Victims’ Rights 50 Attorney Professionalism Forum Crime Victims Compensation 52 Language Tips BY BENEDICT J. MONACHINO BY GERTRUDE BLOCK 54 New Members Welcomed 57 Index to Advertisers 57 Classified Notices 63 2007–2008 Officers 64 The Legal Writer BY GERALD LEBOVITS CARTOONS © CARTOONRESOURCE.COM The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2008 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publication of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/ August, September, October, November/December. Single copies $20. Periodical postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes per USPS edict to: One Elk Street, Albany, NY 12207. NYSBA Journal | March/April 2008 | 3 PRESIDENT’S MESSAGE KATHRYN GRANT MADIGAN “Celebrating Our Diversity” “We are a richer and more effective Committee on Diversity and Association because of diversity, as it Leadership Development increases our Association’s strengths, This Standing Committee, now in its capabilities and adaptability.” Excerpt fourth year, is co- and vice-chaired from NYSBA Diversity Policy, adopted by a triumvirate of Past Presidents: in 2003. Lorraine Power Tharp, Ken Standard Our Association’s diversity policy and Tom Levin, demonstrating our defines diversity inclusively: “encom- deep commitment to diversity at all passing gender, race, color, ethnic ori- levels of the Association. In addition gin, national origin, religion, sexual to identifying and nurturing diverse orientation, age and disability.” We future leaders, this Committee has have undertaken aggressive, multi- co-sponsored a series of Regional faceted approaches to more effectively Diversity Receptions, joining with identify, nurture and grow a diverse county, women’s, ethnic, minority leadership. We recognize that it is and specialty bars across the state.