There were very few problems with preemption of the state right of publicity by the Copyright Act; that is, until the Seventh Circuit changed everything in Toney v.L’Oreal U.S.A., Inc. This article focuses on the Toney case, the Baltimore Orioles,Inc. v. Major League Basball Players Association case that spawned Toney, and the devastating effect the law from these cases will have on the right of publicity, the entertainment industry as a whole, and many other areas of civil and criminal law, if Toney is allowed to stand.
Edwin F. McPherson, Gonna Wash That Right of Publicity Right Out of My Hair –Life After Toney v. L’Oreal, 4 J. Marshall Rev. Intell. Prop. L. 349 (2005)