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
What's the Tea in L&E? Getting Sued for Using Photos of Employees
TortsCenter Podcast | Episode 6 | Fielding the Future: Title IX and NIL
NCAA Settlement Update — Highway to NIL Podcast
A long time ago in a galaxy not so far away, voice acting was the exclusive domain of talented humans. But today, in the age of generative AI, even the iconic voice of a legendary villain can be conjured without a single...more
Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more
Global music superstar Taylor Swift began her music career in Nashville, so we thought it fitting that on July 1, with the end of the Eras Tour in sight, the Ensuring Likeness Voice and Image Security (ELVIS) Act went into...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
A new Tennessee law seeks to impose liability on generative AI companies and internet platforms related to unauthorized use of a person’s voice or likeness. On March 21, 2024, Tennessee enacted the Ensuring Likeness,...more
With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more
Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and...more
With deepfakes going around the Internet, the ability of AI tools to generate convincing and hyperreal replicas of a person’s likeness has raised a number of new issues, including the ability of rights of publicity (or “name,...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
Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes...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
New York Governor Andrew M. Cuomo has signed a path-breaking law addressing synthetic or digitally manipulated media. The law has two main components. First, the law establishes a postmortem right of publicity to protect...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