News & Analysis as of

Right of Publicity Misappropriation Name and Likeness

Weintraub Tobin

(Podcast) The Briefing: Publicity Rights and the Law – Using Real People in Your Work

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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

Weintraub Tobin

The Briefing: Publicity Rights and the Law – Using Real People in Your Work

Weintraub Tobin on

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

Cranfill Sumner LLP

Why the NCAA Still Owns the Past: NIL, Copyright, and the Limits of Athlete Control

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The North Carolina Business Court recently dismissed a lawsuit brought by members of N.C. State’s legendary 1983 NCAA men’s basketball championship team in Members of N.C. State Univ.’s 1983 NCAA Men’s Basketball Nat’l...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Baker Donelson

New Legislation Proposed in Tennessee to Protect Against Deepfakes: ELVIS Act

Baker Donelson on

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

Fox Rothschild LLP

The Taylor Swift Effect

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Whether you’re a Taylor Swift die-hard fan or not, you can’t deny that her marketing power is second to none. And not just for her own music and brand promoted by herself. I am uncertain if anyone has gotten to the bottom...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #2

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Happy Thursday and a big congratulations to the Stanford Cardinal and the Baylor Bears on their respective NCAA Women’s and Men’s Basketball Tournament wins (the latter of which helped yours truly place second in our Firm’s...more

Fenwick & West LLP

Who Owns a Photograph in the Social Media Age?

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Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater...more

Robinson+Cole Data Privacy + Security Insider

Ancestry.com Sued in Class Action for Using Data from Yearbooks

Ancestry.com (Ancestry) was sued on November 30, 2020, in a putative class action case filed in the Northern District of California for “knowingly misappropriating the photographs, likenesses, names, and identities of...more

Jackson Walker

Coordinating What Can’t Be Unseen: Forming a Thorough Online Strategy

Jackson Walker on

Social media platforms such as Instagram and Twitter are essential to any successful modern marketing and outreach strategy. But the pursuit of turning likes and shares into dollars and cents is not without its risks. For...more

Sunstein LLP

May 2019 IP Update: IP Considerations For Distinctive Moves and Other Content in Video Games

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Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more

Blank Rome LLP

Right of Publicity Laws: Maryland

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A Q&A guide to Maryland right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity...more

BCLP

From East Coast to West Coast: Actresses Lose Right of Publicity Cases as Courts Rule in Favor of the First Amendment Rights of...

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The end of March brought favorable rulings – from opposite coasts – for right of publicity defendants. In both de Havilland v. FX Networks, et al., Case No. B285629, 2018 WL 1465802 (Cal. Ct. App. Mar. 26, 2018) and Lohan v....more

Gray Reed

Great Pic! But Can You Use It?

Gray Reed on

Running for office, Starr Struuck sent out a campaign newsletter extolling her qualifications and a list of reasons why she should be elected rather than her incumbent opponent. Prominently displayed in her newsletter and...more

Foley Hoag LLP - Making Your Mark

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Miles & Stockbridge P.C.

Cleveland Brewery’s Use of His Likeness Not Very Well Liked by Lebron James

Yesterday, it was reported by the Bleacher Report that Cleveland Cavaliers basketball star, Lebron James, was displeased with the fact that a brewer located in the Cleveland, Ohio area, Great Lakes Brewing Company may have...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Kelley Drye & Warren LLP

Straight Outta the Central District: The First Amendment Shields Straight Outta Compton Filmmakers from Misappropriation of...

The filmmakers of 2015’s Straight Outta Compton, the biopic chronicling the career of hip-hop sensation N.W.A., scored a key victory in the Central District of California last Wednesday in the case of Heller v. NBCUniversal,...more

McDermott Will & Emery

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

Kelley Drye & Warren LLP

Instagram for Sale: Artist Richard Prince’s New Portraits Sparks Controversy

In the past week, several news outlets and social media channels have been buzzing about artist Richard Prince’s exhibit New Portraits, which first debuted at the Gagosian Gallery on September 19, 2014 and was reborn with...more

Jackson Walker

Stacy Allen Speaks: The Good, The Bad, And The Ugly: Unpopular Celebrities And The Right Of Publicity

Jackson Walker on

In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more

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