(Podcast) The Briefing: Publicity Rights and the Law – Using Real People in Your Work
The Briefing: Publicity Rights and the Law – Using Real People in Your Work
Executive Order Breakdown: President Trump's Vision for College Sports and NIL Reform — Highway to NIL Podcast
CSC Guidance Unveiled: NIL Enforcement and Implications for Collectives — Highway to NIL Podcast
The NCAA's Recent Q&A Document: Clues on What NIL Enforcement Will Look Like Post-House — Highway to NIL Podcast
(Podcast) The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
NIL Enforcement in a Post-House World – What Institutions Can Expect — Highway to NIL Podcast
PODCAST: Williams Mullen's Trending Now: An IP Podcast - NCAA Name, Image, Likeness (NIL) Update – Effects of House Settlement
(Podcast) The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
Dinsmore: A trusted partner in NIL deals
House Final Settlement Hearing: Key Insights and Future Implications for NIL — Highway to NIL Podcast
Rescission of DOE Guidance — Highway to NIL Podcast
The Labor Law Insider: Student Athletes as Employees – Changes and Updates on the Dartmouth Case, NIL Litigation
DOE Guidance and DOJ Statement of Interest — Highway to NIL Podcast
NIL News: End of Year Roundup — Highway to NIL Podcast
(Podcast) The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights
The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights
House Settlement Approval — Highway to NIL Podcast
The Journey From Athlete To Executive
Can you use a celebrity’s voice or image in your work? What about AI-generated versions? On this episode of The Briefing, Scott Hervey and Richard Buckley explore the right of publicity—how it protects names, likenesses,...more
The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing...more
Over the past several years, both Congress and state legislatures have introduced legislation concerning “digital replicas,” or deepfakes created by AI. Many of these bills have been directed to protecting the...more
Bette Midler. Vanna White. Marylin Monroe. Each of these women has undoubtedly shaped pop culture in some meaningful way. Perhaps what is lesser known is that litigation surrounding each of these women has shaped the legal...more
Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies....more
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more
The rise of Deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing....more
Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person's name, image, and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of "training...more
A deepfake is an image or video of a person, often a celebrity, who has been digitally altered using an artificial intelligence (“AI”) application to appear to be someone else. Deepfake technology has the potential to be...more
As readers from last week will recall, we spent some time examining the notion of credibility. One week later, we’re witnessing what credibility (or lack thereof) hath wrought on our subjects. Bob Baffert? Banned from New...more
On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D, an amendment to New York’s right of publicity law to provide the 40 year post-mortem right of estates of deceased celebrities...more
Earlier this month, New York’s governor, Andrew Cuomo, signed a bill that makes significant amendments to New York’s Civil Rights Law, which codifies rights of publicity and privacy in the State. In addition to adding a long...more
Celebrities domiciled in New York State at the time of their death will soon have a transferable post-mortem right of publicity, bringing the law in New York closer in line to several other states, like California, that...more
The “right of publicity” generally prohibits the commercial use of someone’s name or likeness. There is no federal right of publicity; rather, the right is governed by state law. There is a patchwork of state laws that govern...more
In the Empire State, the right of publicity remains alive and well—including (soon) for celebrities who are, well, no longer alive. New York has expanded its nearly 120-year old statutory regime to provide a post-mortem right...more