Art versus Image: The First Amendment versus the Right of Publicity

This chapter explores Tiger Woods' lawsuit against the artist Rick Rush. In 1997, Woods made history by winning the prestigious Masters tournament for the first time and doing so by a record twelve strokes. Inspired by his victory, Rush created a serigraph of Woods' driving the ball while flanked by his caddie and his opponents' caddie. Floating in the sky above the scene were the faces of Jack Nicklaus, Arnold Palmer, and other legendary golfers. The painting was then reproduced as a lithograph and five thousand copies were offered for sale. When Woods learned of the artwork, he sued Rush for violating his right of publicity. Rush argued that his work was protected under the First Amendment as art, while Woods argued that the work was merely sports merchandise like a poster and that it was subject to the right of publicity. The court agreed with Rush and said that regardless of the multiple copies, it was still art and deserved full First Amendment protection.