Justin Bieber v. FreeBieber.org [1]

Fight for the Future [2] is an advocacy organization focusing on free speech and consumer rights issues related to intellectual property and technology. The organization is opposed to Senate Bill S.978 [3], introduced in May 2011, which alters the criminal penalties for copyright infringement and extends criminal liability for public performances of works in certain circumstances.

Fight for the Future believes that extending liability for public performances of copyrighted works would extend criminal liability to many amateur musicians, who frequently post unauthorized "covers" of works on websites such as YouTube. Noting that musician and teen celebrity Justin Bieber [4] gained his initial fame from unauthorized covers of R&B songs on YouTube, the organization created a website called FreeBieber.org [5]. The website contains several depictions of Bieber in prison uniform and behind bars, suggesting that he could be arrested if S.978 becomes law. The website encourages visitors to write to Congress opposing the bill, and to create videos expressing their opposition using a superimposed overlay of prison bars and a digital wig in the shape of Bieber's iconic haircut, provided by the website.

On October 25, 2011, counsel for Justin Bieber sent a cease-and-desist letter [6] to FreeBieber.org, claiming that the website infringed Bieber's trademark rights by falsely suggesting his endorsement of Fight for the Future's campaign, and violated his rights of privacy and publicity.

Fight for the Future's attorney responded [7], claiming that any use of Bieber's name or image was nominative fair use under trademark law and protected by the First Amendment. The attorney also rejected claims of privacy and publicity, noting that Bieber is an extremely public figure and any claim under right of publicity would be trumped by the First  Amendment.

As of October 31, 2011, the website is still active.  S.978 has been reported out of committee and has been placed on the legislative calendar.